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The Supreme Court on Tuesday commuted the death sentences of 15 convicts, ruling that delays in their execution were grounds to change their sentences to life imprisonment.
"Delay is a ground for commuting death penalty to life sentence," read a ruling from a three-judge panel headed by Chief Justice Palanisamy Sathasivam, which said mental illness and solitary confinement could also be reasons for commuting sentences.
A total of 15 people had challenged their death sentences on the grounds of delay due to the time taken for the president to answer their mercy petitions. Petitioners include Veerappan aides- Meesekar Madaiah, Gnanaprakash, Simon and Bilavendran-- and Haryana couple Sonia and Sanjiv who were sentenced to death for killing 13 of their relatives.
The judgment is expected to affect more convicts, including Devinder Pal Singh Bhullar from Punjab, who was convicted over a New Delhi car bombing that killed nine people in 1993, and Rajiv Gandhi's assassins Murugan, Arivu and Santhan.
The court also said that there cannot be any distinction whether a person on death row was convicted on charges of terror or otherwise in entertaining their petition.
The constitution bench said the president and the governor, while deciding mercy petitions were not exercising any prerogative but were discharging their constitutional obligation and even a death row convict has a de factor right.
In another landmark decision that will ensure that there was no repeat of the Afzal Guru like execution, the court said that there has to be 14 days gap between the communication of rejection of mercy petition to the convict and his family members and actual execution of the death sentence.
The court said these 14 days are necessary for the convict to come to terms with the reality, to make peace with God, to execute his will and also have the opportunity to meet his family members for the last time.
Highlights:
• Condemned prisoners must be given a chance to meet their family members before execution of death sentence
• Legal aid be provided inside jail to the condemned prisoners
• Death convict and his family members must be informed after his mercy plea is rejected by the President or governor
• There should be atime gap of 14 days between dismissal of his mercy petition and hanging of a convict
• Solitary confinement of a death convict and other prisoners is unconstitutional
• Death sentence of a condemned prisoner cannot be executed if he is suffering from mental illness and schizophrenia
SC commutes death penalty of 15 convicts due to delays, verdict to impact several cases - Hindustan Times
"Delay is a ground for commuting death penalty to life sentence," read a ruling from a three-judge panel headed by Chief Justice Palanisamy Sathasivam, which said mental illness and solitary confinement could also be reasons for commuting sentences.
A total of 15 people had challenged their death sentences on the grounds of delay due to the time taken for the president to answer their mercy petitions. Petitioners include Veerappan aides- Meesekar Madaiah, Gnanaprakash, Simon and Bilavendran-- and Haryana couple Sonia and Sanjiv who were sentenced to death for killing 13 of their relatives.
The judgment is expected to affect more convicts, including Devinder Pal Singh Bhullar from Punjab, who was convicted over a New Delhi car bombing that killed nine people in 1993, and Rajiv Gandhi's assassins Murugan, Arivu and Santhan.
The court also said that there cannot be any distinction whether a person on death row was convicted on charges of terror or otherwise in entertaining their petition.
The constitution bench said the president and the governor, while deciding mercy petitions were not exercising any prerogative but were discharging their constitutional obligation and even a death row convict has a de factor right.
In another landmark decision that will ensure that there was no repeat of the Afzal Guru like execution, the court said that there has to be 14 days gap between the communication of rejection of mercy petition to the convict and his family members and actual execution of the death sentence.
The court said these 14 days are necessary for the convict to come to terms with the reality, to make peace with God, to execute his will and also have the opportunity to meet his family members for the last time.
Highlights:
• Condemned prisoners must be given a chance to meet their family members before execution of death sentence
• Legal aid be provided inside jail to the condemned prisoners
• Death convict and his family members must be informed after his mercy plea is rejected by the President or governor
• There should be atime gap of 14 days between dismissal of his mercy petition and hanging of a convict
• Solitary confinement of a death convict and other prisoners is unconstitutional
• Death sentence of a condemned prisoner cannot be executed if he is suffering from mental illness and schizophrenia
SC commutes death penalty of 15 convicts due to delays, verdict to impact several cases - Hindustan Times
