The Supreme Court on November 28, 2018 upheld the constitutional validity of death penalty while awarding life term imprisonment to Chhannu Lal Verma instead of death penalty for murdering three persons including two women.
While delivering the judgment, a three-judge bench comprising Justices Kurian Joseph, Deepak Gupta and Hemant Gupta expressed different opinions with Justice Joseph saying that the provision of capital punishment has failed to become a deterrent and the other two holding its continuance in the rarest of rare cases.
Though the three judges differed on the applicability of death penalty, they were unanimous in commuting or reducing the death sentence of Chhannu Lal Verma.
| Unanimous view of judges on commuting death sentence of Chhannu Lal Verma |
| The three judges were unanimous in their view that the Chhattisgarh High Court has wrongly confirmed death penalty on Chhannu Lal Verma without correctly applying the law laid down in Bachan Singh and other cases. As per the judges, the decision to impose the highest punishment of death sentence in this case does not fulfil the test of rarest of rare case. They noted that the superintendent of the jail has given a certificate that his conduct in jail has been good during the pendency of his appeal in apex court for past four years. Thus, there was a conscious effort on his part to lead a good life for the remaining period. A convict is sent to jail with the hope and expectation that he would make amends and get reformed. Verma was convicted by a Sessions Court in Chhattisgarh and then by the Chhattisgarh High Court for killing Anand Ram Sahu, his wife Firanteen Bai and raping and murdering their daughter-in-law Ratna Sahu in 2011 and was subsequently awarded a death penalty. |
Justice Kurian Joseph's views on the applicability of death sentence
Justice Kurian Joseph, who superannuated on November 29, 2018, referring to the 262nd report of the Law Commission and said, "The constitutional regulation of capital punishment attempted in Bachan Singh versus State of Punjab in 1980 has failed to prevent death sentences from being 'arbitrarily and freakishly imposed' and that capital punishment has failed to achieve any constitutionally valid penological goals..."
He further added that "Every death penalty case before the court deals with a human life that enjoys certain constitutional protection and if life is to be taken away, then the process must adhere to the strictest and highest constitutional standards."
The irrevocable nature of the sentence and the way the death row convicts hang between life and death, are to be duly considered.
His views on public discourse on crimes
Justice Joseph also voiced his views on public discourse on crimes which have an impact on the trial, conviction and sentence. He said that it has almost become a trend for the investigating agency to present their version and blow the collective conscience of the society regarding the crime and criminal.
While referring to the law commission report, he said that the court plays a counter-majoritarian role in protecting individual rights against majoritarian impulses. This puts mounting pressure on the courts at all the stages of the trial.
Judgment delivered by Justices Deepak Gupta and Hemant Gupta
Justices Deepak Gupta and Hemant Gupta gave contradictory opinion on the views expressed by Justice Joseph on applicability of death sentence.
They mentioned that a five-judge constitution bench in Bachan Singh versus State of Punjab in 1980 had already held the constitutional validity of death penalty provided in Indian Penal Code. Thus, there is no need to reexamine the same at this stage.
| Capital Punishment or Death Penalty in India | ||
| Capital punishment is a legal penalty in India. The execution of death sentence in India is carried out by hanging by the neck until death or by shooting. However, the issue of death penalty has been debated and discussed from time to time in India with no conclusion drawn till now. There have been diverse and distinct opinions regarding the death penalty in India as some are in the favour while others are against it. India is one of the 78 countries which have retained death penalty on the ground that it will be awarded only in the ‘rarest of rare cases’ and for ‘special reasons’. According to Amnesty International ‘Death Sentences and Executions’ report released in April 2018, the Indian courts gave away 109 death sentences in 2017 but no executions were carried out. Overall, there were 371 people on death row in India in 2017.
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