1-Feb-2020:  Death penalty cases: SC admits govt. plea

The Central government has sought from the Supreme Court, ‘victim and society centric’ guidelines to prevent delay in execution.

The SC in its judgment in the Shatrughan Chauhan case in 2014 had issued a series of guidelines. These guidelines had held that unexplained delay in carrying out an execution would lead to the commutation of the death penalty to life imprisonment. The conviction in the Nirbhaya rape case and the delay in the execution of the convicts as per the verdict, has led to concerns among some sections of the society.

There are concerns regarding the undue delay in the execution of the convicts. The legal process leading finally to the actual execution of the condemned man is susceptible to be misused by the convict to prolong the day of execution. Notably, the delay is a ground for the commutation of the death penalty. The long-winded process and consequent delay undermine the expectation of the victim’s family and society for justice.

The Central government has expressed concerns over the 2014 verdict being more “accused-centric” and has called for a change to appease the victims and society. The government is seeking “additional” guidelines to the ones in the Chauhan verdict to balance the rights of the accused and the victims. The Supreme Court has admitted the government’s plea to issue some “victim and society centric” guidelines to prevent delay in the execution of condemned people in death penalty cases.

The SC has however stated that it would not consider any plea to alter past judgments or existing rights of death row prisoners.