SC commutes death sentences of 15 Convicts, due to delay in mercy plea decisions

The Petitioner has filed a writ petitions, under Article 32 of the Constitution of India, which has been filed either by the convicts, who were awarded death sentence or by their family members or by public-spirited bodies like People’s Union for Democratic Rights (PUDR) based on the rejection of mercy petitions by the Governor and the President of India.

In all the writ petitions, the main prayer consistently relates to the issuance of a writ of declaration declaring that execution of sentence of death pursuant to the rejection of the mercy petitions by the President of India is unconstitutional and to set aside the death sentence imposed upon them by commuting the same to imprisonment for life. Further, it is also prayed for declaring the order passed by the Governor/President of India rejecting their respective mercy petitions as illegal and unenforceable.

The Honorable Supreme Court held that death sentence of a condemned prisoner can be commuted to life imprisonment on the ground of delay on the part of the government in deciding the mercy plea. In a landmark verdict that can come as a relief to many death row convicts.

Giving life term to 15 death row inmates, including four aides of forest brigand Veerappan, the apex court also ruled that a death convict suffering from mental insanity and schizophrenia cannot be hanged.

It overruled its own verdict in Khalistani terrorist Devinderpal Singh Bhullar’s case in which it had held that delay in deciding mercy plea cannot be a ground for commutation of death sentence.

The Court said Death sentence in such cases can be commuted to life imprisonment on the ground of their mental illness. The judgment may have implications in various cases, including the petitions filed by three death row convicts in the Rajiv Gandhi assassination case who have challenged the President’s rejection of their mercy plea less than three years ago. Framing guidelines on disposal of mercy petitions and execution of death sentence, a bench headed by Chief Justice P. Sathasivam ruled that convicts given death sentence must be informed about the rejection of their mercy pleas and should be given a chance to meet their family members before they are executed.

It also held that solitary confinement of a prisoner, including death row convict, is unconstitutional and it should not be allowed in the prisons. The bench gave its verdict on a batch of petitions filed by 15 death row inmates seeking its direction for commutation of their sentence to life term on the grounds of delay in deciding mercy plea and mental illness. It also said that execution of death sentence should be carried out only 14 days after rejection of the mercy plea. The apex court also said that the prison authorities must provide legal aid to prisoners facing death sentence so that they can approach courts for commutation of their sentence on the ground of their illness and delay in deciding mercy plea by the government.

Pronouncing its judgment on 13 petitions filed by the 15 convicts whose execution of sentence had been stayed by the apex court, the three-judge bench clarified that its directions be implemented in all cases whether a person has been convicted under IPC or the anti-terror law. The issue of communication of rejection of mercy plea assumes importance in view of the controversy surrounding the execution of Parliament attack case convict Mohd Afzal as there was allegation that his family members were not properly communicated about the dismissal of his plea and subsequent hanging.

Earlier, a two-judge bench in April 2013 had held that long delay in disposing of mercy pleas by the President or the governor of persons convicted under anti-terror laws or similar statutes cannot be a ground for commutation of death sentence. The April 12, 2013 ruling was pronounced while rejecting Bhullar’s plea for commutation of sentence on ground of delay in deciding his mercy plea. At that time, there were over 20 convicts facing execution.

Later on, an apex court bench had granted relief to a condemned prisoner M.N. Das who had sought conversion of his death sentence to life imprisonment on the ground of delay in deciding his mercy petition. Justice Sathasivam, before taking over as CJI, had said that there was a need for “authoritative pronouncements” by a larger bench or a Constitution Bench on issues like mercy pleas to avoid conflicting views by smaller benches.

The 15 death row inmates on whose pleas the apex court delivered its verdict are sandalwood smuggler Veerappan’s aides and others. The other death row convicts included Suresh, Ramji, Gurmeet Singh, Praveen Kumar, Sonia and her husband Sanjeev, Sundar Singh and Jafar Ali convicted in various cases. While Suresh, Ramji, Gurmeet Singh and Jafar Ali are lodged in prisons in Uttar Pradesh, former Haryana MLA Ralu Ram Punia’s daughter Sonia and her husband Sanjeev are jailed in Haryana. Praveen is in a Karnataka jail and Sundar Singh is an inmate of a prison in Uttaranchal.Sonia and Sanjeev were awarded death penalty for killing eight members of her family, including her parents and three children of her brother in 2001.Gurmeet Singh was convicted for killing 13 of his family members in 1986. Jafar Ali murdered his wife and five daughters. Suresh and Ramji killed five of their relatives.

SC reaffirms workers Right to Health and Medical care

On a petition filed by HRLN on behalf of Occupational Health and Safety Association, the Supreme Court delivered a judgment that the right to health and medical care, while in service or post-retirement, is a fundamental right of a worker.  Right to health i.e. right to live in a clean, hygienic and safe environment is a right flowing from Article 21. 

Occupational Health and Safety Organization has filed a writ petition in Supreme Court seeking from court to issue direction directing to Government to make guidelines for safety of workers from occupational disease. The Petitioner represented about 130 Coal Fired Thermal Power Plants(CFTPPs) in India spread over different States in the country, but no proper occupational health services facility are in place.

Colin Gonsalves, senior counsel referring  to the above National Institute of Occupational Health (NIOH) report submitted that not much importance was given to the serious health problems being faced by the workers who are working in the thermal power plants and treatment they require as well as the payment of wages and compensation to those workers who were suffering from serious illness. He pointed out that some urgent steps should be taken to ensure the health and safety of the workers.

The Hon’ble Supreme Court Said that Right to health i.e. right to live in a clean, hygienic and safe environment is a right flowing from Article 21. Clean surroundings lead to healthy body and healthy mind. But, unfortunately, for eking a livelihood and for national interest, many employees work in dangerous, risky and unhygienic environment.

Right to live with human dignity enshrined in Article 21 derives its life breath from the Directive Principles of State Policy, particularly clauses (e) and (f) of Articles 39, 41 and 42. Those Articles include protection of health and strength of workers and just and humane conditions of work. Those are minimum requirements which must exist to enable a person to live with human dignity. Every State has an obligation and duty to provide at least the minimum condition ensuring human dignity. But when workers are engaged in such hazardous and risky jobs, then the responsibility and duty on the State is double-fold.

Occupational health and safety issues of CFTPPs are associated with thermal discharge, air and coal emission, fire hazards, explosion hazards etc. Dust emanates also contain free silica associated with silicosis, arsenic leading to skin and lung cancer, coal dust leading to black lung and the potential harmful substances. Necessity for constant supervision and to the drive to mitigate the harmful effects on the workers is of extreme importance.

Apex court upholds Majithia Wage Board recommendations

A Bench led by CJI P Sathasivam said the revised pay should be given to the employees with effect from November 11, 2011 when the Centre notified the recommendations of the Board.

The Supreme Court Friday ratified the constitution and recommendations of the Majithia Wage Board for journalists and non-journalists on their pay structure.

A Bench led by CJI P Sathasivam said the revised pay should be given to the employees with effect from November 11, 2011 when the Centre notified the recommendations of the Board. It said new pay structure would be given from April 2014 and the employer will have to pay arrears since 2011 within a year, in four equal installments.

“We hold that the recommendations are valid…we are fully satisfied that the procedure adopted by the Board is legitimate and no decision was taken unilaterally and arbitrarily,” said the Bench.

While upholding the validity of the Board, the court dismissed a bunch of petitions filed by various newspaper managements, challenging the validity of the Board’s constitution and recommendations.

The 6th (Majithia) Wage Board was constituted by the   Labour Ministry in 2007. It announced an ad hoc interim relief of 30 per cent of basic pay with effect from January 2008. This was implemented by the industry. The Board submitted its final recommendations on December 31, 2010, which were notified by the Centre with certain modifications, a year later.

Under the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955, the Union government through the ministry of labour in November 2011 notified recommendations increasing the salaries paid to all staff.

The latest Majithia wage board recommended that salaries be increased, in some cases to 200% of prevailing levels, causing an uproar from publishers and prompting many newspaper firms to challenge the implementation of the wage board in the Supreme Court.

The Delhi Union of Journalists (DUJ) welcomed the judgement. “It is a step in the right direction. We hope that the INS and all other news publications are helpful in implementing this judgement. We call for vigilance by all state unions for the same,” said S.K Pandey, general secretary of DUJ.

Supreme Court says prospective parents, irrespective of religious background, have the right to adopt children

HRLN welcomes the Supreme Court judgement on the Right to Adopt. In a notable judgement on the petition of the clients of Human Rights Law Network, 'Shabnam Hashmi vs the Union Of India', the Supreme Court has decreed that prospective parents irrespective of their religious background are free to adopt children after the prescribed procedure. The court in it's order said that 'personal beliefs and faiths, though must be honoured, cannot dictate the operation of the provisions of an enabling statute."

When Racism is normal fun

Reingamphi Awungshi was found dead in her rented flat in a south Delhi neighbourhood on 29 May 2013. She was 21 from Manipur. It has been less than a year since her death, and it would have been forgotten, the case closed, if it wasn’t forGolmei, an activist and founder-member of Burma Centre Delhi and Human Rights Law Network. The police were refusing to file a first information report (FIR). The same night even before the post-mortem was completed, the police announced that it was a suicide and the injuries to her face, legs, and feet were caused by rats after her death. The next day after the post-mortem the police told Reingamphi’s relatives and friends to take her body from the mortuary, and that the case was closed.

The protesters didn’t budge until the case was transferred to the crime branch, and on 3 June, an FIR was finally registered for murder. The Human Rights Law Network is fighting the case for free. The latest test reports conclude that no drugs or poison were found in her body, and that there was semen on her clothes, though the cause of death is still not clear.

The court has ordered a DNA test to see if the semen matches that of Reingamphi’s landlord and his brother-in-law, both of whom had access to her house from a back door which was found open when her body was discovered,” says Amiy Shukla, the lawyer who is handling the case.

SC commutes death penalty of Rajiv Gandhi killers to life imprisonment

The Supreme Court on Tuesday commuted the death penalty of former prime minister Rajiv Gandhi's assassins to life imprisonment. The death sentence has been commuted on grounds of delay in deciding their mercy plea.

The judgement was delivered by a bench headed by Chief Justice P Sathasivam, which had reserved its verdict on the plea of three convicts - Santhan, Murugan and Perarivalan - on February 4. The court has pronounced that the three will stay in the jail till the end of their life.

The bench cited 11-years delay on the part of the Centre in deciding their mercy plea. The court has rejected the Centre's contention that delay in deciding the mercy plea of convicts Santhan, Murugan and Perarivalan did not result in agony.
"We implore government to render advice in reasonable time to the President for taking a decision on mercy pleas," the bench said. "We are confident that the mercy plea can be decided much faster than what is being done now," the bench observed.

DMK chief M Karunanidhi asks for death penalty to be abolished

DMK chief M Karunanidhi has appealed for the death penalty to be abolished. Earlier this month, Afzal Guru from Kashmir was hanged for his role in 2001's deadly attack on Parliament. In November, Pakistani terrorist Ajmal Kasab was executed for the 26/11 strikes in Mumbai in which 166 people were killed.

The hangings have provoked criticism from human rights groups.

Mr Karunanidhi's party is a senior member of the Prime Minister's ruling coalition.

His request comes as four men from Karnataka have appealed against the death sentence. The Supreme Court will hear their case on Wednesday. The men, all members of the gang led by notorious sandalwood smuggler Veerappan, were convicted for the deaths of 22 policemen in 1993.

In a letter to party workers, Mr Karunanidhi said the Centre and legal experts should look at "removing hanging from law books in the interest of human rights and humanity."

"Had this opinion (of abolition of death penalty), which is being stressed for a long time given due consideration, death penalties which are continuously being implemented now could have been prevented," he said.

The mercy petition of Veerappan's associates was rejected by President Pranab Mukherjee last week, nine years after they asked for their sentence to be commuted. Their lawyers argue that the "inordinate delay" merits a removal of the death penalty.

The same argument was made by another three death row prisoners from Tamil Nadu, who have been convicted for their role in the assassination of former Prime Minister Rajiv Gandhi. Their case is also being heard by the Supreme Court. Last year, the Tamil Nadu assembly unanimously passed a resolution, urging the President to review their death sentence.

Delhi government files affidavit against Bhullar's death penalty in SC

New Delhi: The Delhi government on Friday filed an affidavit in the Supreme Court opposing terror attack convict Devender Pal Singh Bhullar's death penalty. "The government is opposed to giving death penalty to Bhullar as he is suffering from mental illness," the affidavit read.
The Delhi government added that the judgement given by the apex court on January 21, 2014 commuting death penalty of 15 convicts applies to Bhullar as well.

Bhullar was sentenced to death by a trial court on August 25, 2001 for plotting terror attacks on Punjab Senior Superintendent of Police Sumedh Singh Saini in 1991 and Youth Congress leader MS Bitta in 1993, in which nine people were killed.

The Supreme Court had commuted death penalty of 15 convicts on the grounds of inordinate and inexplicable delay and mental illness in deciding the mercy plea of the convicts.

While the death penalty of 13 convicts had been commuted to life on the ground of inordinate delay on part of the President to decide their mercy pleas, two others were given life sentence after they became mentally ill after several years on death row. Over 20 death row convicts had approached the Supreme Court seeking an authoritative ruling on the matter.

The apex court had said schizophrenia, insanity and mental illness can be reasons for commuting death penalty and the convicts should be given adequate medical treatment and legal aid. The order also said that solitary confinement of a death row convict and other prisoners is unconstitutional.
The court had also ruled that a death row convict must be hanged within 14 days after dismissal of his/ her mercy petition.
Ruling that death row convicts and their families must be informed after their mercy plea is rejected by the President or the Governor, the apex court said, "Once the mercy plea has been rejected, it should be communicated in writing."

UP opposes CBI probe into Muzaffarnagar riots

New Delhi: The Uttar Pradesh government on Wednesday opposed a plea for a CBI probe into the Muzaffarnagar riots, and told the Supreme Court that it did everything to contain the violence that broke out in September 2013.

On an intervention by counsel Colin Gonsalves, appearing for one of the petitioners, the court asked Lalit to explain why there were differences in the grant of compensation. 

Gonsalves told the court that while the family of a news channel correspondent who was killed during the riots was given Rs 15 lakh compensation, other victims were given Rs 10 lakh only. 

Muzaffarnagar riots: 300 booked for stalling police case in gang rape

New Delhi: Over 300 people have been booked to interfere with the proceedings of police against the absconding accused in the gangrape in Phugana village during the riots.

More than 300 people have been arrested for pelting stones and stopping the police while they were on duty nabbing the accused in the gang rape.

Two cases under IPC have been registered against them.

Five women including Sunita, Minu, Shimla, Babli and another Sunita have been named in this connection, said police.

Police faced resistance from the irate locals on January 30 and 31 when they had gone to the village for putting up notices of attachment proceedings at the homes of the accused, they said.

Communal incidents up 30% in 2013, UP tops list

As the government’s attempts to table the communal violence Bill were stalled by the opposition on Wednesday, fresh data released by the Ministry of Home Affairs shows a steep 30 per cent rise in the number of communal violence incidents as compared to 2012, with the maximum number of cases being reported from Uttar Pradesh.

In reply to a question in Parliament, the home ministry on Wednesday said the total number of cases reported in 2013 was 823, up from 668 incidents in 2012. According to the ministry, 133 people died and 2,269 injured in such violence in 2013 against 94 and 2,117 respectively in 2012.

http://indianexpress.com/article/india/communal-incidents-up-30-in-2013-up-tops-list/

Muzaffarnagar: Court rejects bail plea of father in daughter's rape case

Muzaffarnagar, Uttar Pradesh: A local court has rejected the bail plea of a man, accused of raping his 15-year-old daughter and nine-year-old niece in Muzaffarnagar, Uttar Pradesh, saying that a father is the natural guardian of a child and cannot be excused for such a crime.

Additional District Sessions Judge Lokender Rathi rejected the bail plea of Omvir yesterday.

While rejecting his bail plea, the court observed that the father is the natural guardian of the child and he cannot be excused for such a crime.

According to the prosecution, Omvir was arrested for raping his 15-year-old daughter and nine-year old niece in Muzaffarnagar on August 6, 2013.

India NGO Awards 2013 in Large Category

The Resource Alliance announced the winners of the India NGO Awards 2012/13 at a glittering ceremony held in New Delhi. The winners were chosen based by an independent jury who selected the NGOs on their demonstration of best practices of impact, scalability and replicability, innovation and sustainability in their programmes, and in creative and successful resource mobilisation.

http://www.hrln.org/hrln/about-us/awards/1444.html

Gas pricing: SC to examine policy, issues notices to Centre, RIL

The Supreme Court on Monday issued notices to the Centre and Reliance Industries (RIL) on a public interest litigation (PIL) against the increase in natural gas price, filed by Communist Party of India leader Gurudas Dasgupta and former Union power secretary E A S Sarma.

A bench headed by chief justice P Sathasivam asked the Centre and RIL to respond within four weeks. The next hearing is scheduled on September 6. The central government, petroleum minister M Veerappa Moily, the petroleum ministry, RIL, Niko Resources and BP are among the respondents in the PIL.

Human Rights Law Network has already filed a public interest litigation (PIL) challenging the government’s recent decision to raise the price of natural gas produced in the country.

Human Rights Law Network has already filed a public interest litigation (PIL) challenging the government’s recent decision to raise the price of natural gas produced in the country.

While admitting the PIL filed by member of Parliament Gurudas Dasgupta and former power secretary E.A.S. Sarma, the court issued notices to the Union government, oil minister M. Veerappa Moily, India’s petroleum and natural gas ministry, RIL and Canada’s Niko Resources Ltd and BP Exploration (Alpha) Ltd.

The petition questions the acceptance of higher prices without strict scrutiny of its impact on the economy in general and the petroleum and fertilizer sectors in particular.

Communist Party of India leader Dasgupta has alleged that Moily helped RIL to increase the price of gas produced from the KG-D6 offshore gas field. Moily, on his part, alleged that import lobbies were trying to exert influence on India—even intimidating ministers—not to raise the domestic prices of gas and not to reduce overseas purchases.

SC reaffirms workers Right to Health and Medical care

On a petition filed by HRLN on behalf of Occupational Health and Safety Association, the Supreme Court delivered a judgment that the right to health and medical care, while in service or post-retirement, is a fundamental right of a worker. Right to health i.e. right to live in a clean, hygienic and safe environment is a right flowing from Article 21. 

HRLN Welcomes Supreme Court Judgment on Wage Board Recommendations.

The Supreme Court on Friday, upheld recommendations made by the Justice Majithia wage board hiking salaries for journalists and non-journalists in print media. The Human Rights Law Network (HRLN) has been fighting the long and arduous legal battle on behalf of the journalists in the print media. The latest Majithia wage board recommended that salaries be increased, in some cases to 200% of prevailing levels, causing an uproar from publishers and prompting many newspaper firms to challenge the implementation of the wage board in the Supreme Court.

HRLN welcomes the Supreme Court decision to grant permanent bail to Soni Sori and Linga Kododopi.

HRLN welcomes the Supreme Court decision to grant permanent bail to Soni Sori and Linga Kododopi. 

HRLN along-with other Human Rights activists has been fighting long and hard to get justice for adivasi school teacher Soni and Linga Kododopi. They can now visit Chhattisgarh.

"Giving electric shocks, stripping me naked, shoving stones inside me - is this going to solve the Naxal problem," she had once asked in a letter to the Supreme Court. Human rights activists insisted that Sori was jailed for questioning violations of law by the police and security forces in the state.