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
June 13,2020

New Delhi, Jun 13: India's COVID-19 tally on Saturday witnessed its highest-ever spike of 11,458 cases, according to the Union Ministry of Health and Family Welfare (MoHFW).

A total of 386 deaths have been reported due to the infection during the last 24 hours.

The total number of coronavirus cases in the country now stands at 3,08,993 including 1,45,779 active cases 1,54,330 cured/discharged/migrated and 8,884 deaths.

COVID-19 cases in Maharashtra continue to soar with the number reaching 101141. Tamil Nadu's coronavirus count stands at 40,698 while cases in Delhi reached 36,824.

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Agencies
May 24,2020

Lucknow, May 24: The Yogi Adityanath government in Uttar Pradesh has banned Corona patients from keeping mobile phones inside isolation wards of COVID-19 hospitals in the state.

Patients admitted in dedicated L-2 and L-3 COVID hospitals will no longer will allowed to take mobile phones along with them in the isolation wards in order to check the spread of the infection.

According to an order issued by the state government late on Saturday night, two mobile phones will now be available with the ward in-charge of the COVID care centres so that patients and talk to their family members and administration if required.

Further, the orders specify that the mobile numbers should be communicated to the family members of the patients also.

Director General Medical Education, K.K. Gupta, who issued the order, has informed all concerned officials and directors of dedicated COVID hospitals.

"To facilitate the communication between COVID-19 patients admitted in clinics, with their family members, or anyone else, ensure that two dedicated mobile phones while adhering to infection prevention norms, are kept with ward in-charge of COVID care centre," the order said.

According to the latest data available on the website of the Ministry of Health and Family Welfare, Uttar Pradesh now has 5,735 cases of Corona positive patients and the numbers have been growing steadily since the past ten days.

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News Network
June 2,2020

New Delhi, Jun 2: Manu Sharma, a convict in the 1999 Jessica Lal murder case, was released from Tihar Jail yesterday on the grounds of good behaviour after serving more than 16 years in prison, jail officials said on Tuesday.

Sharma had received the approval of the Lieutenant Governor of Delhi for his release after a recommendation of the Sentence Review Board for the same.

Advocate Amit Sahni, while speaking to ANI, had said that Delhi Lieutenant Governor Anil Baijal had approved the name of Siddharth Vashishth also known as Manu Sharma for release from Tihar Jail.

He said that Sharma's name was approved in a sentence review board meeting held on May 11. Earlier, Delhi High Court had also asked the SRB to consider his name for release.

Sharma, the son of former Congress leader Venod Sharma, was convicted for shooting and murdering Jessica Lal, when she refused to serve him liquor at Tamarind Court restaurant at Qutub Colonnade in south Delhi's Mehrauli on April 29, 1999.

Vashishth, 45-years-old, was serving a life term in connection with a case registered under Section 302 (murder), 201 (causing disappearance of evidence of the offense or giving false information to screen offender) and 120B (criminal conspiracy) of the Indian Penal Code (IPC).

According to officials, the convict has undergone imprisonment for 16 years, 11 months and 24 days in actual, and 23 years 4 months and 22 days with remission. He has availed parole 12 times and furlough 24 times.

Earlier, Manu's wife -- Preity Sharma -- had approached the National Human Rights Commission (NHRC) claiming that her husband had been illegally detained for more than the prescribed period of incarceration (20 years with remission) as per the prevalent policy of the state.

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