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Making mockery of death-punishment by providing yet other long legal fight for convicts of infamous 16-12 Nirbhaya murder

It refers to shocking media-report about Jail Superintendent of Tihar Jail (Delhi) giving notice dated 29.10.2019 to convicts of infamous 16-12 Nirbhaya-murder episode intimating that only seven days are left to file mercy-petition before President of India as the very last opportunity to avoid possible hanging till death.

All the convicts have availed sufficient legal defense during various court-stages, and their advocates were very well aware of all possible remedies including filing mercy-petition and stipulated last date for doing so. Notice by Jail Superintendent has provided undesired opportunity to such dreaded criminals wherein now long court-proceedings will start on the notice thus postponing hanging indefinitely. Such extra-ordinary justice-delivery-system deliberately innovated by the system itself like by sending notice by Jail-Superintendent, is real problem for increasing crimes attracting death-sentence because everyone knows that faulty Indian system will normally save such criminals from death-sentence, thus directly increasing tendency to commit such crimes fearlessly.

But an extremely poor, illiterate and insane person Ramchandra (Raoji) created an Indian record for being hanged within less than three years of committing crime with President of India mercilessly rejecting his mercy-petition within record six days of filing as it was wrongly drafted by a fellow illiterate prisoner. It was a murder by system where even Supreme Court overlooked that motive of murder of own family was not proved by the insane person.

Crimes attracting death-sentence can only be prevented by ensuring final hanging, if required, including all court-stages and decision on mercy-petition be ensured within a time-bound period of say maximum three years gradually reduced to one year.

 

SUBHASH CHANDRA AGRAWAL

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