Death Sentence – Mystery of Law and Justice

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” →

Balancing between the Death Sentence, Mercy and Speedy Justice.

Execution of death sentence by hanging: Validity.

[T]he State has discharged the heavy burden which lies upon it to prove that the method of hanging prescribed by Section 354(5) of the CrPC does not violate the guarantee right contained in Article 21 of the Constitution. The material shows that the system of hanging which is now in vogue consists of a mechanism which is easy to assemble. The preliminaries to the act of hanging are quick and simple and they are free from anything that would unnecessarily sharpen the poignancy of the prisoner’s apprehension. The chances of an accident during the course of hanging can safely be excluded. The method is a quick and certain means of executing the extreme penalty of law. It eliminates the possibility of a lingering death. Unconsciousness supervenes almost instantaneously after the process is set in motion and the death of the prisoner follows as a result of the dislocation of the cervical vertebrae. Continue reading “Death Sentence and Mercy Petition: Balancing the Justice.” →