A ray of hope for Afzal, other death-row prisoners

[email protected] (The Hindu)
December 17, 2012

Afzal

New Delhi, December 17: The Supreme Court judgment, in the case of Sangeet v. State of Haryana, delivered on November 20 could make the government give the benefit of the doubt to 14 death-row convicts including Afzal Guru, whose mercy petitions have been turned over to it by the President for fresh advice.

The one mercy petition presently pending with President Pranab Mukherjee, after the receipt of advice from Union Home Minister Sushilkumar Shinde, also carries the taint of flawed death sentence by the Supreme Court.

The Supreme Court’s five-judge Constitution Bench judgment in Bachan Singh v State of Punjab (1980) is the source of contemporary death penalty jurisprudence in India. It limited the death penalty to the rarest of rare crimes, and laid down the principle that the courts must impose the death sentence on a convict only if the alternative sentence of life imprisonment is unquestionably foreclosed. For achieving these twin objectives, the court held that judges must consider the aggravating features of the crime, as well as the mitigating factors of the criminal. However, the application of its principles by the courts to various cases has been very uneven and inconsistent.

The Sangeet judgement has reaffirmed that Bachan is the correct precedent for awarding death penalty. The relevant findings of the two-Judge Bench comprising Justice K.S. Radhakrishnan and Justice Madan B. Lokur in Sangeet, to paraphrase, are:

1. The reliance on Machhi Singh v. State of Punjab, delivered by a three-Judge Bench in 1983, as a valid legal precedent by many subsequent Benches to justify death sentences is flawed. Machhi Singh sought to compare aggravating circumstances pertaining to a crime with the mitigating circumstances pertaining to a criminal. These are completely distinct and different elements and cannot be compared with one another. A balance sheet cannot be drawn up of two distinct and different constituents of an incident. Bachan Singh resolutely refrained from balancing these elements, because it leads to arbitrary decisions by a Judge.

2. Machhi Singh sought to standardize crimes into five absolute categories, in order to identify the rarest of rare crime deserving death sentence. These five categories are manner of commission of murder, motive for commission of murder, anti-social or socially abhorrent nature of the crime, magnitude of crime and personality of victim of murder. These categories enlarge the scope for imposing death penalty that was greatly restricted by Bachan Singh.

3. Despite Bachan Singh, primacy still seems to be given to the nature of the crime. The circumstances of the criminal, referred to in Bachan Singh, appear to have taken a bit of a back seat in the sentencing process.

The Hindu has scrutinized each Supreme Court judgment in the 15 cases and found that applying Sangeet the executive could recommend commuting the death sentences in all the cases.


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News Network
July 15,2020

New Delhi, Jul 14: India's COVID-19 tally has reached 9,36,181 as 29,429 new coronavirus cases were reported in the last 24 hours, informed the Union Ministry of Health and Family Welfare on Wednesday.

The death toll went up to 24,309, including 582 fatalities in the last 24 hours.

Out of the total cases, 3,19,840 are currently active and 5,92,032 are cured/discharged/migrated.

As per the Ministry, Maharashtra -- the worst-affected state from the infection -- has a total of 2,67,665 COVID-19 cases and 10,695 fatalities. While Tamil Nadu has a tally of 1,47,324 cases and 2,099 deaths due to COVID-19.

Delhi has reported a total of 1,15,346 cases and 3,446 deaths due to COVID-19.

As per the information provided by the Indian Council of Medical Research (ICMR) 3,20,161 samples have been tested for COVID-19 till July 14, of these 1,24,12,664 samples were tested on Tuesday.

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News Network
April 4,2020

Aurangabad, Apr 4: A marriage was solemnised on a video call, the unique method which was adopted due to coronavirus lockdown.

A Muslim man named Mohammad Minhajudd, based in Aurangabad exchanged marriage vows with a Muslim woman based in Beed via video call on Friday.

The entire country is witnessing a 21-day lockdown due to which there is a limitation on the movement of people from one place to another and gatherings have been banned to prevent the spread of the coronavirus that has wreaked havoc across the globe.

The marriage halls are also closed during the lockdown period.

The bridegroom's father Mohammad Gayaz said that the marriage was fixed between the two persons six months ago when there was no fear about coronavirus. We got the elders of the family assembled at our home and conducted the marriage on phone.

Mufti Anis ur Rehman, the Qazi who performed the rituals for the marriage, said that both the families are happy as the marriage got conducted with the minimal cost incurred and the ceremony was a simple one. 

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Agencies
February 4,2020

Dirbrugarh, Feb 4: Three persons, including two BJP activists, have been arrested for allegedly attacking the residence of Union minister Rameswar Teli during anti-CAA protests in Assam, police said on Monday.

The house of Teli, Union Minister of State for Food Processing, in Upper Assam's Duliajan town was attacked on December 11 during the statewide stir against the contentious Citizenship (Amendment) Act, 2019.

"Based on CCTV footages, Debajit Hazarika, Vicky Sonar and Arup Kahar were arrested. We had picked them up on Sunday," Dibrugarh Superintendent of Police, Sreejith T told PTI.

A total of 18 persons have been arrested so far for allegedly attacking Teli's house, he said.

"These three persons were also involved in pelting stones on a police party during protests in Duliajan," Sreejith said.

A BJP source confirmed that Debajit Hazarika and Vicky Sonar are party activists.

Family members of the accused have given statements to the police on the arrested persons' alleged role in violence and attacking Teli's house, sources said.

When contacted, Teli said, "I do not know for what reasons they were apprehended. But if police arrested them after proper investigation, then there must be some truth. The trio stays near my house. They always attended my programmes with their families."

A total of 88 people have been arrested so far from Dibrugarh district for their alleged involvement in violence during protests against the Act.

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