New Delhi: The honourable Supreme Court of India in consideration to the Fundamental rights to life of convicts, who have been awarded with the death penalty, held that the Government hanging condemned prisoners cannot do so without noticing them previously about the same and also without allowing them to meet their members of family.
The decision was made by the Apex Court’s bench comprising of Justice, Arjan Kumar Sikri and Justice, U. U. Lalit in the matter where a woman and her lover was sentenced by the Uttar Pradesh- based Court of Sessions to capital punishment i.e. death sentence for their wiping out her entire family.
It was further observed by the said bench of Top Court that the Government authorities should first follow the procedure properly and till the Convicts exhausts all available remedies, in relation to save their lives against execution of the Death sentence against them, the execution of such capital sentence cannot be done.
The Death Warrants issued by the Uttar Pradesh- based Court of Sessions for hanging Woman- Shabanam and her lover Saleem, which was issued after the week of awarding of Capital Punishment to the culprits by the Supreme Court (15th May’s Judgment), was also quashed by the Apex Court itself.
In the opinion of the present bench of the Supreme Court, the speed of issuing said Death Warrant was not warranted in the case.
The convict should be given a sufficient period of time so as to allow him / her to review the decisions of the Supreme Court and in such time he/she can file Mercy Petition before the Governor of the State concerned and also before the hon’ble President of India.
The matter was earlier stayed by the said bench of Honourable Apex Court of India, by its earlier order where the Central Government and Government of Uttar Pradesh was noticed by the Supreme Court on this issue on 25th of this May. The challenge was made in the present case against the judgement of the Apex Court of date 15th of this May as it was being allegedly containing error, as stated by the Counsel representing the condemned prisoners, Advocate, A. Grover.
by Faim Khalilkhan Pathan.