oppn parties Nirbhaya Death Row Convicts: Making A Mockery Of The Judicial Process

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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
oppn parties
Nirbhaya Death Row Convicts: Making A Mockery Of The Judicial Process

By Sunil Garodia
First publised on 2020-01-31 21:39:16

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

When the Centre petitioned the Supreme Court to reduce the number of days available to death row convicts to file the various pleas for mercy or reconsideration of their sentences, leading articles in newspapers called it "undue haste". It was said that the government was showing unnecessary urgency in hanging the Nirbhaya convicts. It was argued that since the law provided for several remedies, the convicts should be allowed to exhaust all of them before they were hanged. It was a perfectly valid argument. But has not the time come to amend the law in order to do away with the mockery of the judicial system that is playing out in the Nirbhaya case?

The first thing that should be targeted and amended is the rule that if more than one convict is handed the death penalty in a single case, all of them have to be hanged together. This is the rule that has allowed the lawyers representing the convicts to use all available remedies singly for each of the convicts to delay the hangings. If the rule is that they have to be hanged together, then either it should be changed to provide that each one of them can be hanged separately as and when the avenues of redress are exhausted in his case or there should be another rule to prescribe that all mercy petitions, review petitions or curative petitions or any other avenue available to all the death row convicts have also got to be availed jointly. If they are to be hanged together, they should also be made to avail of judicial remedies together. That would do away with the delays.

Since a case where the death penalty is ordered passes through the entire judicial process, there is a sense of finality in the sentence. Even the Chief Justice of India, S A Bobde had recently said (in a separate case) that death row convicts cannot go on "fighting endlessly". Although the Centre had said that the current rules favoured the convicts and allowed them to "play with the law and delay execution", it was wrong on its part to petition the Supreme Court to change the rules and make them "victim-centric". For, it is the exclusive domain of the legislature to enact laws. If the government feels (and rightly so) that the law as it stands today allows the convicts to make a mockery of the judicial system it should move an amendment bill (or bills) in Parliament to remove the loopholes. It should examine each and every law or rule, beginning with the provision for hanging the convicts together, that impedes the speedy execution of the death sentence and take corrective measures.

That would not mean denying the convicts their rights. If the law provides that the convicts sentenced together in a single case can file review or curative petitions and mercy pleas before the President and then a review of the mercy plea in the Supreme Court, they should be allowed to do all that. Denying any of this or removing them from the statute books would amount to violation of basic human rights, despite the finality of the death sentence. But the rule that they can do each one of it separately, one after another, and use it as a delaying tactic, should be done away with. Also, there is no harm in reducing the time period allowed for filing such pleas or petitions, as the Centre wants. What can be done in 14 days can also be done in 7 days. This should not be seen as undue haste. After all, if justice delayed is equated with justice denied then why should not sentence delayed be equated with justice mocked?