INTRODUCTION
On 9th December 2024, while looking into the case of State of Maharashtra vs Ors vs Pradeep Yashwant and Anr (Criminal Appeal No. 2831 of 2023) Supreme Court issued an important guideline for preventing unwanted delay in the implementation of capital punishment that is death sentences and Supreme Court also commented on the processing of mercy petitions. The judgement was delivered by the Hon’ble bench of Justice Abhay S. Oka, Justice Ahsanuddin Amanullah, Justice Augustine George Masih, they also pointed about the distress caused by the delays of death sentence. Supreme Court also asked various State Government and Union Territories to implement these guidelines framed within 3 months.
BACKGROUND
The judgement came when the Supreme Court dismissed the State of Maharashtra’s appeals challenging the capital punishment and Supreme Court asked the State to look into the issue of delay in the execution of death sentences instead. This case was about the tragic 2007 gang rape and murder of a 22 years old Pune BPO employee, where the Bombay High Court had granted capital punishment to two convicts, namely Pradeep Kokade and Purushottam Borate.
KEY POINTS
- Supreme Court held that undue and delay without any valid reason in implementation of death sentences could entitle the convicts to seek any relief under Article 32 of the Indian Constitution.
- Apex Court stated the delay could lead to change death sentence into life imprisonment.
- The court also stressed upon the importance of timely procession of mercy petitions.
- The court directed all the State and Union Territories to establish dedicated cells within the Home and Prison Departments for Processing mercy petitions properly within the timeframe. And that cell must be headed by a designated officer and supported by officials from the Law and Justice Department.
- Supreme Court also asked the Session Courts to act on time upon receiving confirmation of a death sentence. And also issue notice to public prosecutor and investigating officers to look into any pending appeals, review petitions, or mercy petitions.
- The Court also asked to look into the convict’s criminal history, family background, economic condition, and the detail of their imprisonment while processing mercy petitions.
- The mercy petition should be forwarded without any delay to the President or the Governor, as per the jurisdiction.
CONCLUSION
This ruling underline the apex court’s dedication and commitment to ensuring that justice is given on time and promote the rule of law and cases related to death penalty or capital punishment should be taken seriously and its implementation should not be delayed without any valid reason and also shared the importance of mercy petitions and need for strict legal timelines. Legal experts and various legal activist are welcoming this judgement as the Supreme Court while giving the guidelines firmly and strongly urged the Government to implement this and upheld the human dignity and constitutional rights, and also asked the authority to implement death penalty process on time without delay.
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WRITTEN BY SALIL GAURAV
