Centre moves SC for fresh guidelines on execution of death row convicts

Following a delay in execution of four convicts in Nirbhaya case, the Centre on Wednesday approached the Supreme Court for laying down guidelines to authorities to issue death warrant of a convict within

seven days of rejection of mercy petition and to execute the sentence within seven days thereafter, irrespective of pendency of plea by co-convicts.

It also sought a direction for setting up a mandatory seven days deadline for the convict for filing mercy plea, on the issuance of the death warrant.

In an application, the Home Ministry asked the top court to lay down further guidelines for filing a curative petition, which, at present, is not time-barred.

It pointed out that in Shatrughan Chauhan case (2014), the apex court framed accused-centric guidelines, ignoring the plight of the victims' families. In case of multiple convicts, they go on filing one petition after another, delaying the execution, it said.

The move comes in the wake of scenario witnessed in the Nirbhaya case, where the trial court re-scheduled from January 22 to February 1 as the date of execution of Mukesh (32) Vinay Sharma (26), Akshay Kumar Singh (31) and Pawan Gupta (25) in the case of gang rape and murder of 23-year-old paramedic student in a moving bus here on December 15-16, 2012. Of the four convicts, only Mukesh filed the mercy petition, which was rejected by the President. Two convicts Akshay and Pawan have yet not filed the curative petition in the Supreme Court.

Jail manuals in several states mandated the execution of co-convicts simultaneously.

“While taking care of the rights of the convicts, it is more important and need of the hour to lay down guidelines in the interest of the victims, their families and in larger public interest, lest the convicts found to be guilty of such horrible, and dreadful, cruel, abominable, ghastly, gruesome and heinous offences would be permitted to play with the majesty of law and prolonged the execution of the sentence awarded to them in accordance with the law,” it said.

The guidelines put forth in 2014 verdict did not take into account an irreparable mental trauma, agony, upheaval and derangement of the victims and their family members, the collective conscience of the nation and the deterrent effect which the capital punishment intended to make, it added.

The 2014 judgement had set a minimum time limit of 14 days between issuance of death warrant and execution of the convict.

“There are instances where the death sentence is not executed because the co-convicts either by default or by design choose to file review or curative or mercy petition one after the other, even at a belated stage, causing delay in the execution of the sentence of other co-convicts whose mercy petition has already been rejected,” it said.

The Union government further said it has been found convicts of even heinous crimes like terrorism, rape and murder under the garb of Article 21 take the judicial process for a ride.