Published On : Fri, Oct 6th, 2017

SC seeks Centre’s advice on plea against mode of execution in Death penalty


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New Delhi: The Supreme Court on Friday issued a notice to Centre asking for its reply to a plea seeking replacement of death to a convict by hanging. Seeking a reply within three months, the apex court asked if the legislature can think of any other mode for death convicts.

“Our constitution is a compassionate one which recognizes the principle of sanctity of life said Supreme Court while hearing the plea. With the invention of various modes in modern time, the legislature can think of other mode for death convicts,” observed Supreme court.

The SC said that the other modes can be considered by the legislature, keeping in view the dynamic progress in science.

The plea filed in the SC said that Article 21 (Right to Life) of the Constitution also includes the right of a condemned prisoner to have a dignified mode of execution so that death becomes less painful.

A bench comprising Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud issued notice to the Centre and sought its response in three weeks on the PIL which referred to the 187th Report of the Law Commission against the present mode of execution.

Lawyer Rishi Malhotra, who filed the PIL in his personal capacity, has also referred to various apex court judgements in which the practise of hanging a death row convict has been assailed.

A provision in the Criminal Procedure Code provides that the mode of execution of death penalty would be hanging by the neck. The plea also challenges the constitutional validity of this provision.