Legal loopholes behind delay in hanging of convicts

It is wrong to play politics on regular postponement of hanging of convicts of infamous rape-cum-murder of Nirbhaya on 16.12.2012. Fault lies in the system allowing too many loopholes whereby convicts get liberal opportunities to defer death sentences. All the four convicts have no fear of death as they are still clever enough to misuse delaying tactics to defer hanging. It is for certain that hanging convicts will not even be possible on the third postponed date of 01.02.2020 because rest of the three convicts will now file mercy petitions one by one. It is surprising that how and why mercy petitions of these convicts are being entertained now when they were informed by Jail Superintendent of Tihar Jail (Delhi) on 29.10.2019 that only seven days were then left to file mercy petitions.

The system should be reformed whereby crimes attracting death penalty may be heard on fast-track during all stages of trial from district courts to the Supreme Court. Provision of filing mercy petition may not be there in case death sentence is confirmed by all the courts. Review or curative petitions may be allowed only at the Supreme Court that too to be finally decided within a fortnight of filing these. Mercy petitions to be decided in a time-bound period of maximum three months may be allowed only when any of the court might not have approved death-sentence.

Early and extra hangings that too to really deserving ones will practically save lives of many more by preventing rapes and murders as criminals will then only be fearful against death penalty.

Madhu Agrawal

Dariba, Chandni Chowk

DELHI