Prison conditions for death row convicts

Death Row Convicts

“Prisoners awaiting death sentence are not suffering imprisonment but are merely in safe custody to suffer sentence of death”

In view of the disparities in implementing the already existing laws, Supreme Court directed to frame the following guidelines for safeguarding the interest of the death row convicts.

1. Solitary Confinement:

Solitary or single cell confinement prior to rejection of the mercy petition by the President is unconstitutional. Almost all the prison Manuals of the States provide necessary rules governing the confinement of death convicts. The rules should not be interpreted to run counter to the above ruling and violate Article 21 of the Constitution. Continue reading “Prison conditions for death row convicts”

Termination of retainer of Government Pleaders

Termination of appointment of Pleaders without stating any reason:

In Maharashtra the relevant Rules governing the appointment and termination of Government pleaders is Rules 30 (5) and (6) of the which reads as under:

“30. Period of Appointment.

(5) A Law Officer shall be liable to be removed from his office at any time, if he is guilty of any act or conduct which, in the opinion of Government, in the Law and Judiciary Department, is incompatible with his duties as such Law Officer. The decision of Government in the Law and Judiciary Department in such cases shall be final.

Continue reading “Termination of retainer of Government Pleaders”

Appeal to High Court u/s 27-A of Wealth Tax Act

Nature of appeal u/s 27-A of Wealth Tax Act

Section 27-A of the Act, which provides a remedy of appeal to the High Court against the order of the Income Tax Appellate Tribunal, is modeled on existing Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the Code”). Indeed, as would be clear, the language of Section 27-A of the Act and Section 100 of the Code is identical. Both the Sections are, therefore, in pari materia. It is a case where Section 100 of the Code is bodily lifted from the Code and incorporated in Section 27-A of the Act with minor additions and alterations. Continue reading “Appeal to High Court u/s 27-A of Wealth Tax Act”

What is a colourable legislation?

Doctrine of colourable legislation

The doctrine of colourable legislation does not involve any question of bona fides or mala fides on the part of the legislature. The whole doctrine resolves itself into the question of competency of a particular legislature to enact a particular law. If the legislature is competent to pass a particular law, the motives which impelled it to act are really irrelevant. On the other hand, if the legislature lacks competency, the question of motive does not arise at all. Whether a statute is constitutional or not is thus always a question of power. Continue reading “What is a colourable legislation?”

Death Row Convict and successive mercy petitions

Judicial Review of rejection of mercy petition.

Can an accused keep on filing successive mercy petitions and claim right to challenge it’s rejection in court with a hiatus on death warrant for 14 days in between?

The instant petition is a clear expose of the manipulation of the principle of rule of law. The petitioner was tried for which is known as “Bombay Blast Case’ and stood convicted in the year 2007. Almost 22 years have passed since 1993 when the incident occurred. We have not perceived any error in the issue of the death warrant as per our order dated 29.07.2015 passed in W.P. (Crl) No.129 of 2015. The only exception which has been enthusiastically carved out by  learned counsel is that they are entitled to get 14 days’ time to assail the rejection of the mercy petition.

Continue reading “Death Row Convict and successive mercy petitions”