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SC to hear death penalty cases in open court

SC to hear death penalty cases in open court
Last Updated 02 September 2014, 19:55 IST

In a decision likely to provide hope for death row convicts, the Supreme Court on Tuesday ruled that the review petition in all death penalty cases would be heard in open court as a matter of right of the condemned person.

A five-judge Constitution bench, by a majority of 4:1, said that a limited opportunity with an outer limit of 30-minute hearing could be granted in all review petitions filed.
The review petitions are taken up by the judges in chamber since there is no provision for oral argument as per the Supreme Court rule brought in since 1978.

This rule has been upheld by a five-judge Constitution bench in 1980. Articles 137 and 145 of the Constitution provides the apex court the authority to review its judgments.

Dealing with a bunch of petitions demanding open court hearing in review of death penalty cases, the bench said: “We feel that the fundamental right to life and the irreversibility of a death sentence mandate that oral hearing be given at the review stage in death sentence cases, as a just, fair and reasonable procedure under Article 21 mandates such hearing, and cannot give way to the severe stress of the workload of the Supreme Court.”

The court, however, held that delay in judicial proceedings cannot be taken as a ground to seek commutation of a death sentence into life imprisonment, while dismissing a plea made by Red Fort attack death convict Mohd Arif, who is imprisoned for the last 13-and-a-half years.

“Death penalty is irreversible in nature. Once a death sentence is executed, that results in taking away the life of the convict. If it is found thereafter that such a sentence was not warranted, that would be of no use as the life of that person cannot be brought back,” the bench, comprising Chief Justice of India, Justice R M Lodha, and Justices J S Khehar, A K Sikri and R F Nariman, observed.

A plea by Karnataka resident B A Umesh, suspected serial killer and a death convict in rape-cum-murder of a Bangalore widow, that a minimum of five-judge bench should hear all death sentence cases was rejected by the court.

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(Published 02 September 2014, 19:54 IST)

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