9 death penalties wrongly imposed: Ex-judges to President

August 19, 2012
9death_imposed

New Delhi, August 19: They are on death row even after the Supreme Court admitted — not once but thrice — that the decisions awarding death sentences had been rendered per incurium (in ignorance). The miscarriage of justice has prompted 14 retired judges of the SC and high courts across the country to appeal to President Pranab Mukherjee to turn the capital punishment imposed on nine persons into life sentence.

Led by former SC judge P B Sawant, the 14 retired judges signed up separate letters to the President pointing out that the death sentences given to these nine persons by various two-judge benches of the SC were "contrary to the binding dictum of rarest of rare" propounded in the 1980 five-judge bench verdict in Bachan Singh vs State of Punjab.

The Bachan Singh prescription of weighing the circumstances relating to "the crime as well as the criminal" before pronouncing a death penalty was disregarded for the first time in 1995 in Ravji Ram Chandra vs State of Rajasthan where a two-judge bench ruled that it was "the nature and gravity of the crime but not the criminal, which are germane for consideration of appropriate punishment in a criminal trial."

The Ravji approach of focusing on the aggravating circumstances (namely, the crime) at the expense of the mitigating circumstances (namely, the criminal) served as a precedent to at least six judgments, leading to the hanging of Ravji in 1996 and Surja Ram the following year. The erosion of the rarest-of-rare doctrine was finally decried by the SC in 2009 in Santosh Bariyar vs State of Maharashtra, followed by two more such correctives in 2010 and 2011. Earlier this year, the then President, Pratibha Patil, accepting the then home minister P Chidamabaram's recommendation, commuted the death sentence to life in two of the seven cases, which had been guided by the Ravji verdict rather than the Bachan Singh verdict.

Responding to a campaign launched by human rights lawyer Yug Mohit Chaudhry, the 14 retired judges, who include five former chief justices of HCs, wrote to the President to commute the capital punishment in the remaining five cases involving nine persons. The appeals from the retired judges were sent to the President on Friday. With the change of guard in the home ministry, all pending mercy petitions from death penalty convicts are due to be considered afresh by the new home, Sushilkumar Shinde.

In their appeals, the retired judges took pains to clarify that none of the cases in question involved crimes against the state. Further, the concerns raised in their appeals have nothing to do with the larger debate about the desirability of retaining the death sentence.

"Rather they pertain to the administration of the death penalty in a conscientious, fair and just manner," the ex-judges said. "Executions of persons wrongly sentenced to death will severely undermine the credibility of the criminal justice system. This matter goes to the very heart of our Constitution because it involves the taking of lives by the state on the basis of judgments admitted to be erroneous by the Supreme Court." Those who signed these unprecedented appeals also include Justices A P Shah, B A Khan, Bilal Nazki, P K Misra, S N Bhargava, B H Marlapalle, B G Kolse-Patil, Hosbet Suresh, Prabha Sridevan, K P Sivasubramaniam, Ranvir Sahai Verma, P C Jain and Panachand Jain.


Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
June 12,2020

An Indian national was killed and four others injured in alleged firing by Nepal police personnel along the India-Nepal border in Bihar's Sitamarhi district today.

Sources said the firing took place after a clash between the Indians and personnel of Nepal police at the Lalbandi-Janki Nagar border in Pipra Parsain panchayat under Sonebarsha police station of the district.

Jitendra Kumar, the additional director general of police (headquarters), confirmed the death and injuries. The place of firing falls under Nepal jurisdiction.

Locals said Vikesh Kumar Rai, 25, died on the spot and Umesh Ram and Uday Thakur received bullet injuries when they were working in an agricultural field. Another person, Lagan Rai, is said to have been detained by the Nepali police.

Injured persons were rushed to Sitamarhi Sadar Hospital for better treatment.

Vikesh Kumar Rai’s father, Nageshwar Rai, said that his agriculture land falls under Narayanpur in Nepal where his son was working.

On May 17, Nepal police had fired blank rounds to disperse dozens of Indians trying to cross the border. It was not clear if they were also farmers.

The district magistrate and the superintendent of police of Sitamarhi have rushed to the spot.

Nepal shares a 1,850-kilometre (1,150-mile) open border with India and people travel across it for work and to visit family. It had closed its international borders on March 22 amid the coronavirus pandemic.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
May 27,2020

New Delhi, May 27: India’s fourth recession since Independence, first since liberalisation, and perhaps the worst to date is here, according to rating agency, Crisil.

CRISIL sees the Indian economy shrinking 5 per cent in fiscal 2021 (on-year), because of the Covid-19 pandemic. The first quarter will suffer a staggering 25 per cent contraction.

About 10 per cent of gross domestic product (GDP) in real terms could be permanently lost. "So going back to the growth rates seen before the pandemic is unlikely in the next three fiscals", Crisil said.

Crisil has revised its earlier forecast downwards. "Earlier, on April 28, we had slashed our prediction to 1.8 per cent growth from 3.5 per cent growth. Things have only gone downhill since", it said.

While we expect non-agricultural GDP to contract 6 per cent, agriculture could cushion the blow by growing at 2.5 per cent.

In the past 69 years, India has seen a recession only thrice as per available data in fiscals 1958, 1966 and 1980. The reason was the same each time a monsoon shock that hit agriculture, then a sizeable part of the economy.

"The recession staring at us today is different," it added. For one, agriculture could soften the blow this time by growing near its trend rate, assuming a normal monsoon. Two, the pandemic-induced lockdowns have affected most non-agriculture sectors. And three, the global disruption has upended whatever opportunities India had on the exports front.

Economic conditions have slid precipitously since the April-end forecast of 1.8 per cent GDP growth for fiscal 2021 (baseline), Crisil said.

On the lockdown extension, it said that the government has extended the lockdown four times to deal with the rising number of cases, curtailing economic activity severely (lockdown 4.0 is ending on May 31).

The first quarter of this fiscal will be the worst affected. June is unlikely to see major relaxations as the Covid-19 affliction curve is yet to flatten in India.

"Not only will the first quarter be a washout for the non-agricultural economy, services such as education, and travel and tourism among others, could continue to see a big hit in the quarters to come. Jobs and incomes will see extended losses as these sectors are large employers," Crisil said.

CRISIL also foresees economic activity in states with high Covid-19 cases to suffer prolonged disruption as restrictions could continue longer.

A rough estimate based on a sample of eight states, which contribute over half of India's GDP, shows that their 'red zones' (as per lockdown 3.0) contributed 42 per cent to the state GDP on average regardless of the share of such red zones.

On average, the orange zones contribute 46 per cent, while the green zones where activity is allowed to be close to normal contribute only 12 per cent to state GDP.

The economic costs are higher than earlier expectations, according to Crisil. The economic costs now beginning to show up in the hard numbers are far worse than initial expectations.

Industrial production for March fell by over 16%. The purchasing managers indices for the manufacturing and services sectors were at 27.4 and 5.4, respectively, in April, implying extraordinary contraction. That compares with 51.8 and 49.3, respectively, in March.

Exports contracted 60.3 per cent in April, and new telecom subscribers declined 35 per cent, while railway freight movement plunged 35 per cent on-year.

"Indeed, given one of the most stringent lockdowns in the world, April could well be the worst performing month for India this fiscal," it said.

Added to that is the economic package without enough muscle. The government recently announced a Rs 20.9 lakh crore economic relief package to support the economy. The package has some short-term measures to cushion the economy, but sets its sights majorly on reforms, most of which will have payoffs only over the medium term.

"We estimate the fiscal cost of this package at 1.2 per cent of GDP, which is lower than what we had assumed in our earlier estimate (when we foresaw a growth in GDP)," it said.

"We believe a catch-up to the pre-crisis trend level of GDP growth will not be possible in the next three fiscals despite policy support. Under the base case, we estimate a 10 per cent permanent loss to real GDP (from the decadal-trend level), assuming average growth of about 7 per cent between fiscals 2022 and 2024," Crisil said.

Interestingly, after the Global Financial Crisis (GFC), a sharp growth spurt helped catch up with the trend within two years. GDP grew 8.2 per cent on average in the two fiscals following the GFC. Massive fiscal spending, monetary easing and swift global recovery played a role in a V-shaped recovery.

To catch-up would require average GDP growth to surge to 11 per cent over the next three fiscals, something that has never happened before.

The research said that successive lockdowns have a non-linear and multiplicative effect on the economy a two-month lockdown will be more than twice as debilitating as a one-month imposition, as buffers keep eroding.

Partial relaxations continue to be a hindrance to supply chains, transportation and logistics. Hence, unless the entire supply chain is unlocked, the impact of improved economic activity will be subdued.

Therefore, despite the stringency of lockdown easing a tad in the third and the fourth phases, their negative impact on GDP is expected to massively outweigh the benefits from mild fiscal support and low crude oil prices, especially in the April-June quarter. "Consequently, we expect the current quarter's GDP to shrink 25 per cent on-year," it said.

Counting lockdown 4.0, Indians have had 68 days of confinement. S&P Global estimates that one month of lockdown shaves 3 per cent off annual GDP on average across Asia-Pacific.

Since India's lockdown has been the most stringent in Asia, the impact on economic growth will be correspondingly larger.

Google's Community Mobility Reports show a sharp fall in movement of people to places of recreation, retail shops, public transport and workplace travel. While data for May shows some improvement in India, mobility trends are much below the average or baseline, and lower compared with countries such as the US, South Korea, Brazil and Indonesia.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
January 26,2020

New Delhi, Jan 26: Prime Minister Narendra Modi on Sunday extended his greetings to the people on the occasion of the 71st Republic Day.
"Wishing everyone a happy #RepublicDay," PM Modi tweeted in English as well as Hindi.

Celebrations will be held all across the country to mark the day.

On this day, 70-year back, India officially adopted its Constitution.

The 90-minute Republic Day ceremony will commence with Prime Minister Narendra Modi visiting the National War Memorial near the India Gate.

After paying tributes to the martyrs, the prime minister and others would head to the Rajpath.

The parade for the Republic Day will begin on Rajpath with President Ram Nath Kovind unfurling the national flag with a 21-gun salute.

Brazilian President Jair Messias Bolsonaro is the chief guest at the parade

India's military might, cultural diversity, social and economic progress will be displayed during the Republic Day celebrations.

For the first time, a contingent of women bikers of CRPF will perform daredevil stunts. The Dhanush artillery will also be displayed for the first time during the Republic Day parade.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.