oppn parties If A Crime Is "Rarest of Rare", As Per Law Death Sentence Must Be Imposed

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  • Allahabad HC said that the UP Police is acting as law unto themselves as they detained a person unlawfully even before his arrest
  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
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If A Crime Is "Rarest of Rare", As Per Law Death Sentence Must Be Imposed

By Sunil Garodia
First publised on 2022-05-24 08:00:07

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

In a bid to gradually do away with the death penalty, the Supreme Court had, in the Bachan Singh case in 1980, decreed that it should be given only in "the rarest of rare" cases. The enormity and nature of the crime and the manner in which it was conducted must be such as to shock the sensibilities for the criminal to be sentenced to death. To further reduce the need to impose capital punishment, the Supreme Court on Monday said that courts must, along with the enormity and nature of the crime, also consider the mental state and conduct of the convict before and after the crime in order to judge whether it is fit to impose the death penalty. While this is a good advice, it is debatable whether the court should have applied it in this particular case in commuting the death sentences of two men and one woman to 25 years in jail for murdering three generations of women of one family in Indore in 2011.

While it is accepted that law and society cannot act with the motive of revenge and the law should be used to reform and rehabilitate the criminal, in the instant case the Supreme Court has itself admitted that the crime was "extremely brutal, grotesque, diabolical, revolting or dastardly" and the manner of execution was also "vicious and pitiless". Doesn't that make it a "rarest of rare" case? The criminals committed the crime in their full senses, with planning and showed no remorse. That they allegedly reformed in jail through various activities - one man becoming the captain of the jail cricket team and starting to take interest in his family, another becoming a voluntary health worker and the woman excelling in embroidery work - should not have been enough reason to lessen the punishment, given the enormity of the crime.

The court said that psychiatric evaluation of the accused is must and the state must produce material disclosing psychiatric and psychological evaluation of the accused at the trail stage to help judges decide if there were mitigating factors. That could be taken into account to consider if a person was in a highly disturbed state of mind and not in his or her senses when he or she committed the crime. But in the instant case, three persons had colluded to commit the most gruesome of murders. Not all of them could have been in a disturbed state of mind. They knew what they were doing and that it was illegal and beastly. Still they heartlessly killed the three women. This was a fit case for death penalty, as per law and as per the earlier directions of the apex court.