Death Penalty: SC to Hear Centre's Plea for Victim, Society-Centric Guidelines
The matter came up for hearing before a bench of Justices Vikram Nath, Sandeep Mehta and N. V. Anjaria.
The Centre moved the application in the apex court in January 2020 and contended the existing guidelines were only "accused and convict-centric".
On January 31, 2020, the apex court agreed to examine the application and sought responses from various stakeholders, on whose petition the top court in 2014 laid down guidelines relating to the execution of death row convicts.
The guidelines were laid down in Shatrughan Chauhan v. Union of India case in 2014. The Supreme Court had then made clear that the issue of conviction and sentence connected with the Shatrughan Chauhan case would not be altered while dealing with the Centre's plea.
The Centre had then said that death penalty was awarded in cases which shake the collective conscience of the court.
The apex court said the 2014 case had attained finality as both the review and curative petitions were already dismissed.
"There is no time limit for availing the legal and constitutional remedies available to a death row convict. The court should now take into account the interest of victim and society and lay down the guidelines which are in furtherance of the already laid down guidelines for the accused," the Centre argued.
It filed the application saying convicts of heinous crime were taking the "judicial process for a ride".
The Centre urged the Supreme Court for fixing a seven-day deadline for execution of condemned prisoners after issuance of black warrant, amid the then delay in the hanging of the four death row convicts in the 2012 Nirbhaya gangrape-murder case.
The hanging in that case was delayed due to filing of review, curative and mercy petitions over a period of several months.
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