Justice delayed is justice denied: SC

Discussion in 'Politics & Society' started by happy, Jan 22, 2014.

  1. happy

    happy Senior Member Senior Member

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    Justice delayed is justice denied: SC reprieve for 15 death row convicts

    21.1.2014 (UNI)The Supreme Court today commuted the death sentence of 15 convicts to life imprisonment on the grounds of inexplicable inordinate delay in the disposal of their mercy petition by the President of India and mental illness.

    A bench consisting of Chief Justice of India P Sathasivam and Justices Ranjan Gogoi and Shiva Kirti Singh also ruled the death sentenced cannot be kept in solitary confinement.

    The beneficiaries of the ruling include four close aides of sandalwood smuggler Veerappan, and Punjab militant Devinder Pal Singh Bhullar.

    The apex court also ruled that mental illness is also a ground for the reduction of sentence from death to life imprisonment and Bhullar has been able to escape gallows on the grounds of his mental and physical condition.

    The apex court ruled that the families of the victims must be informed about the rejection of their mercy petitions and must be allowed to meet the convict before hanging.

    There was agitation in J&K when the wife of Afzal Guru, a convict in the Parliament attack case, made a public statement that she was not informed about the rejection of the mercy protection of her husband and the family was not allowed to meet him and his hanging was kept closely guarded secret.

    The Supreme Court also said that convicts facing that sentence must be provided free legal aid by the state.

    The death row convicts had approached the Supreme Court for commutation of their death sentence on the grounds of inordinate delay in disposal of the mercy petitions by the President of India.

    In Guwahati, they Asian Centre for Human Rights (ACHR), a rights body said,'this makes India to move an inch towards being an abolitionist state and India must now consider abolition of death penalty once and for all. UNI

    IndlawNews

    *******************************************************************

    Agree that Justice delayed is Justice denied. But, If we go on commuting death sentences into life imprisonment then will anybody fear the judiciary anymore ??

    Already our legal system is facing flak for doing too little and being too slow. Won't this have a direct impact on the lower court judges ???

    To top it all, our judiciary has the dubious distinction of taking years to conclude cases. Won't the current ruling apply for all types of cases irrespective of the punishment ???

    Isn't the SC being hypocritical by only talking about death row and neglecting the entire court system for delays ???
     
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  3. happy

    happy Senior Member Senior Member

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  4. sayareakd

    sayareakd Moderator Moderator

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    Hang them, we are better without them. At least people will think hard before committing crime, plus it will also curb revenge tendences.
     
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  5. TrueSpirit1

    TrueSpirit1 The Nobody Banned

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    I do not know of any legal aspect but IMHO, capital punishment as a final deterrent should continue to exist. Fear of law should reign supreme.

    Capital punishment is completely inhuman form of justice & is best suited for treatment of incorrigible scum whose moral depravity deserves no less, like:

    Paedophiles, serial rapists, serial murderers, hardened terrorists & their masterminds, contract killers/shooters, underworld mafias, top honchos of drug-traffickers/gun-runners/human-traffickers & all anti-nationals. Most of the above are in fervent need of being sent to gallows.
     
  6. Blackwater

    Blackwater Veteran Member Veteran Member

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    maro ko kya marna
     
  7. feathers

    feathers Tihar Jail Banned

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    We all can have our opinions but the decisions are done by keeping regional and international issues and behind majority of these issues there are international involvement against Indian nation .
     
  8. Free Karma

    Free Karma Senior Member Senior Member

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    Hang them, I think it's already been demonstrated that keeping such elements in jail for a long time makes them "heroes", and cause more people to try things to free them (IC-814). Whats worse? we spend Indian tax money on them to keep them alive.

    It's a pretty bad example, the court has set, any mercy plea petition that has not been answered is now basically a no death penalty? Thats wrong, it should be the opposite. We're letting go of the aides of a brigand who was responsible for killing more than 184 people (police and common people), while this group terrorized forest tribes and villages. What sort of example is this?

    Telling Afzal Gurus family about his execution in advance, wouldve almost certainly caused an Incident by nutjobs in J&K, and that puts our security peoples lives at risk. I'd rather have them safe. But perhaps for other less extreme cases (i.e non terrorist death row convicts), where the stakes arent that high it's okay

    if you look at all the countries that do not have death penalty, they are mostly countries that dont have massive issues or enemies to deal with.
    Use of capital punishment by country - Wikipedia, the free encyclopedia

    Human rights organizations can cry all they want to.
     
    Last edited: Jan 22, 2014
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  9. kseeker

    kseeker Retired

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    I don't know what apex court is trying to justify here by reducing the capital punishment :tsk.

    IMO, those convicts deserve death sentence and they should not be pardoned.

    Such scumbags needs to be eliminated, they do not deserve second chance.
     
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  10. indiatester

    indiatester Regular Member

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    It still begs the question why they were not executed earlier? If we are anyway going to delay their execution by 10-15 years... then why not wait some more and wait for them to die of natural causes in prison!
     
  11. Razor

    Razor CIDs from Tamilnadu Senior Member

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    I think the reasons given by the judges are unsatisfactory.
    And about the Human rights group talking about "abolitionist state": keep that BS to the EU, won't work here. No need to spent money on food and rent for terrorists/hardcore criminals.
     
    Last edited by a moderator: May 10, 2015
  12. Neil

    Neil Senior Member Senior Member

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    SC went wrong in this case...

    instead set a time frame within which a convicts should be hanged... if the mercy plea is with the president and no decision has been taken let it be assumed that the court order stays and judgement should be carried out- mercy plea system should be taken away from a convicted terrorist . I mean common SC is trying to be concerned about the mental health of people that have committed some of the most horrific crimes that a sane person wouldnt even dream of.
     
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  13. happy

    happy Senior Member Senior Member

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    Exactly, why didn't the judges in SC think in this direction?? Smacks of another election gimmick by congress. Too bad that SC has taken a hasty decision.
     
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  14. happy

    happy Senior Member Senior Member

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    Sir I would like if you can address the points I have raised in the original post which I again quote below:

     
  15. Shredder

    Shredder Regular Member

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    When I read the title I thought cases are going to be dealt with swiftly for the victims sake. Looks like the SC is more concerned with the convicts instead of the victims.

    The SC has dissapointed again, couldn't they frame legislation to see to it that executions are carried out in a time bound manner?
    The victims and their families are again victimized.
     
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  16. AVERAGE INDIAN

    AVERAGE INDIAN EXORCIST Senior Member

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    i don't agree with SC in this case

    there should be case to case basis within which a convicts should be hanged and there should no mercy plea for terrorists, psychopaths, rapists and serial killers . the punishment should be implement within 2 months after the judgement , in case of terrorists the option of appeal to higher courts should be removed just my opinion
     
  17. Adux

    Adux Senior Member Senior Member

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    Happy,

    I am replying because you have mentioned me to do so. But I would like to keep myself to Devyani thread. therefore this is my first and last response here.

    I agree with the SC, Justice is extremely important for the victims, society as well as criminal. Its insensitive, injustice and unfair to have a person waiting for his death sentence for years on end, as if he is waiting for his death which can happen any second, There is a procedure and way of carrying out a death sentence. It should be done according.

    The Supreme Court is not against Death Sentence, it is against delayed year's on end death sentence. Yes, I do think it is fair. If you have somebody on death row, do the deed in the least amount of time, a year at the max. This also implies, that the judiciary also practice haste.
     
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  18. Ray

    Ray The Chairman Defence Professionals Moderator

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    Justice should not be delayed.

    It is a systemic fault that it is delayed. It should be rectified.

    Once the judgement is given on a death sentence and the President approves the same, there should be no delay in ending the misery.
     
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  19. happy

    happy Senior Member Senior Member

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    Thanks for the reply. Though I agree with you, I would be more happy if the SC judgement was more clear like your post. To be fair I haven't seen the judgment copy and hence I have relied only on the tidbits available in the media. Maybe @sayareakd can shed more light.
     
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  20. happy

    happy Senior Member Senior Member

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    Sir, do you think SC can take the President to task for his delay in responding while at the same time it does not speak anything on the inordinate delays on PT cases ??

    Isn't the SC partial on it's stand limiting it's judgment to death row while the delay in the greater volume of cases i.e., civil / criminal is causing inexplicable burden and heartburn to the common man ???

    I feel that SC should frame guidelines pressurizing the investigating agencies to complete investigations in a quick and timely manner scientifically and procedurally.
     
    Last edited: Jan 23, 2014
  21. Singh

    Singh Phat Cat Administrator

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    @happy

    The court has not said that justice delayed is justice denied iirc. This is a misleading headline.

    For clarity:


    "A Supreme Court bench of Chief Justice of India (CJI) P Sathasivam and Justices Ranjan Gogoi and Shiva Kirti Singh, commuted the death penalty sentence of 15 prisoners to life in prison, after finding that they had waited for a goverxnmental pardon for too long, reported the PTI.

    In the judgment, the bench held, that the right to seek mercy was a constitutional right not at the “discretion or whims of the executive”:

    263) It is well established that exercising of power under Article 72/161 by the President or the Governor is a constitutional obligation and not a mere prerogative. Considering the high status of office, the Constitutional framers did not stipulate any outer time limit for disposing the mercy petitions under the said Articles, which means it should be decided within reasonable time. However, when the delay caused in disposing the mercy petitions is seen to be unreasonable, unexplained and exorbitant, it is the duty of this Court to step in and consider this aspect. Right to seek for mercy under Article 72/161 of the Constitution is a constitutional right and not at the discretion or whims of the executive. Every Constitutional duty must be fulfilled with due care and diligence; otherwise judicial interference is the command of the Constitution for upholding its values.

    264) Remember, retribution has no Constitutional value in our largest democratic country. In India, even an accused has a de facto protection under the Constitution and it is the Court’s duty to shield and protect the same. Therefore, we make it clear that when the judiciary interferes in such matters, it does not really interfere with the power exercised under Article 72/161 but only to uphold the de facto protection provided by the Constitution to every convict including death convicts.

    The judges also said that solitary confinement was "certainly a form of torture", reiterating its previous judgments on the matter. While it declined to make any order relating to solitary confinement in the present cases, it noted:

    keeping a prisoner in solitary confinement is contrary to the ruling in Sunil Batra (supra) and would amount to inflicting “additional and separate” punishment not authorized by law. It is completely unfortunate that despite enduring pronouncement on judicial side, the actual implementation of the provisions is far from reality.

    Read judgment: SC commutes 15 death penalties on constitional grounds over 'whims of executive' | Bar, Bench & Litigation | News | Editorial | Legally India
     
    Last edited by a moderator: May 10, 2015
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