Various anti-death penalty movements across the country seem to be having its effect on the Supreme Court..In sharp contrast from the stance of the earlier Bench hearing the matter, a 3-judge Bench presided by Justice Dipak Misra yesterday said that it will afford full opportunity to the convicts in the December 2012 Delhi gang rape to present their case and would hear the matter “like a trial judge”..When the matter had come up before a Bench of Justices BS Chauhan and Jasti Chelameswar in April 2014, Justice Chelameswar had remarked that the court would not interfere with the judgment of the High court if the dying declaration of the victim is found to be satisfactory..“We won’t re-conduct the trial”, he had remarked..The matter had subsequently been placed before a 3-judge Bench since, after amendment to the Supreme Court rules mandate that “every case, appeal or other proceedings arising out of a case in which death sentence has been confirmed or awarded by the High Court shall be heard by a Bench consisting of not less than three Judges” (Rule 3 of Order VI)..After the order placing the matter before 3-judge Bench was passed on August 25, 2014, the case remained in cold storage for around 19 months before it was finally listed yesterday..When the hearing commenced at 2 pm, Justice Dipak Misra told advocate Manohar Lal Sharma appearing for two of the accused that he can proceed “in his own way” and that the court does not mind even if “some time is consumed” in hearing the case..“How a trial judge would appreciate the case, we would do so, so that there is no grievance”, said Justice Misra..ML Sharma is now making his submissions and is arguing on various scientific premises pertaining to autopsy and medical reports. The hearing will resume on Friday this week..The anti-death penalty jurisprudence is gaining ground amongst the legal fraternity in India..In January 2014, the Supreme Court had held that unexplained and inordinate delay in deciding mercy plea of death row convicts will be a valid ground for commutation of their death penalty to life imprisonment..On September 2, 2014 the Supreme Court had ruled that review petitions relating to death penalty should be heard in open court by a three judge Bench. Till then, all review petitions including those relating to death penalty were disposed of by circulation without any oral arguments. Interestingly, Justice Chelameswar who was part of that Constitution Bench which gave that judgment had written the sole dissenting verdict..Later in August 2015, weeks after Yakub Memon’s hanging, the Law Commission of India had recommended the abolition of the death penalty for all crimes other than terror offences and waging war. Yakub Memon’s hanging had created big news as the Supreme Court had opened its doors at 2.30 am to hear Memon’s plea before confirming his death sentence..The Centre for Death Penalty, established at National Law University, Delhi in August 2014, provides death row prisoners with effective legal representation. The Centre too has been at the forefront in the fight for abolition of death penalty in India.
Various anti-death penalty movements across the country seem to be having its effect on the Supreme Court..In sharp contrast from the stance of the earlier Bench hearing the matter, a 3-judge Bench presided by Justice Dipak Misra yesterday said that it will afford full opportunity to the convicts in the December 2012 Delhi gang rape to present their case and would hear the matter “like a trial judge”..When the matter had come up before a Bench of Justices BS Chauhan and Jasti Chelameswar in April 2014, Justice Chelameswar had remarked that the court would not interfere with the judgment of the High court if the dying declaration of the victim is found to be satisfactory..“We won’t re-conduct the trial”, he had remarked..The matter had subsequently been placed before a 3-judge Bench since, after amendment to the Supreme Court rules mandate that “every case, appeal or other proceedings arising out of a case in which death sentence has been confirmed or awarded by the High Court shall be heard by a Bench consisting of not less than three Judges” (Rule 3 of Order VI)..After the order placing the matter before 3-judge Bench was passed on August 25, 2014, the case remained in cold storage for around 19 months before it was finally listed yesterday..When the hearing commenced at 2 pm, Justice Dipak Misra told advocate Manohar Lal Sharma appearing for two of the accused that he can proceed “in his own way” and that the court does not mind even if “some time is consumed” in hearing the case..“How a trial judge would appreciate the case, we would do so, so that there is no grievance”, said Justice Misra..ML Sharma is now making his submissions and is arguing on various scientific premises pertaining to autopsy and medical reports. The hearing will resume on Friday this week..The anti-death penalty jurisprudence is gaining ground amongst the legal fraternity in India..In January 2014, the Supreme Court had held that unexplained and inordinate delay in deciding mercy plea of death row convicts will be a valid ground for commutation of their death penalty to life imprisonment..On September 2, 2014 the Supreme Court had ruled that review petitions relating to death penalty should be heard in open court by a three judge Bench. Till then, all review petitions including those relating to death penalty were disposed of by circulation without any oral arguments. Interestingly, Justice Chelameswar who was part of that Constitution Bench which gave that judgment had written the sole dissenting verdict..Later in August 2015, weeks after Yakub Memon’s hanging, the Law Commission of India had recommended the abolition of the death penalty for all crimes other than terror offences and waging war. Yakub Memon’s hanging had created big news as the Supreme Court had opened its doors at 2.30 am to hear Memon’s plea before confirming his death sentence..The Centre for Death Penalty, established at National Law University, Delhi in August 2014, provides death row prisoners with effective legal representation. The Centre too has been at the forefront in the fight for abolition of death penalty in India.
