india

Updated: Feb 01, 2020 05:40 IST

The Supreme Court on Friday agreed to consider the plea by the central government seeking victim-centric guidelines to ensure the timely execution of death row convicts.

A bench headed by Chief Justice of India (CJI) SA Bobde agreed to examine the plea, which, among other things, sought deadlines for death row convicts to avail the remedies of curative petitions and mercy petitions. However, the court made it clear that it will not alter the existing rights of death row convicts.

The development comes at a time when uncertainty looms over the hanging of the four convicts in 2012 Delhi gang rape case, and two death warrants issues by a Delhi court have been put on hold because the convicts are yet to exhaust all the remedies available to them.

The Centre’s plea, which was filed by way of an application in an already decided case of Shatrughan Chauhan vs Union of India (2014), initially met with an unfavourable response by the bench, which also comprises justices BR Gavai and Surya Kant.

The bench questioned the need for additional guidelines, and also expressed doubts about the procedure adopted by the Centre in filing an application in a case which was already decided and had become final.

Solicitor General Tushar Mehta responded by saying that the existing guidelines which are provided in the Shatrughan Chauhan judgment of 2014 for safeguarding the interests of death row convicts were not victim- or society-centric.

The court acceded to Mehta’s arguments, but underlined that the outcome of the case will not impact the conviction or sentence of the convicts in the Chauhan decision. The Centre, in its plea filed last week, has asked the court to impose a time limit within which a death row convict has to file a curative petition after the review petition is rejected.

Moreover, the Centre has sought directions to be given to all states, jail authorities, and competent courts, to issue death warrants within seven days of rejection of mercy plea, and to execute the convict within seven days after the death warrant is issued irrespective of the stage of review, curative or mercy petition of co-convicts.

The Shatrughan Chauhan judgment of the apex court laid down guidelines relating to the procedure in placing mercy petition before the President. It also mandated that rejection of mercy petitions by the Governor or the President should be communicated to the convict. The judgment also prescribed a period of 14 days between the receipt of communication of the rejection of the mercy petition and the scheduled date of execution.

The plea by the Centre submitted that convicts who have been sentenced for heinous crimes take “judicial process for a ride” under the garb of Article 21, and it was time the Supreme Court stepped in to redress the grievances of the victims and their family so that their faith in judicial process is reinforced.

Senior counsel Rebecca John, who is representing the death row convicts in the 2012 Delhi gang rape case, said, “The court has only issued notice and it has made it very clear that it will not tinker with the Shatrughan Chauhan judgment. To that extent, the Centre has not got anything out of this.

One of the demands by the Centre is to mandate a deadline to file curative petitions. I have no problem with that provided it is for everyone, including corporates like Reliance and Vodafone.

Another concern was delay. That has emanated from just one case and that is problematic. Law cannot be changed based on the facts of one case. What is the tearing hurry to execute (prisoners)? What will happen if you wait for one more month till everyone has exhausted their remedies? Justice is not death penalty and the whole attempt now is to normalize death penalty.”