Says serious discussion is required before next execution order is issued
Mumbai : On Wednesday, yet another Pakistan-backed terrorist Usman Khan was caught alive by country’s security forces after hours-long gun battle and subsequent search operations. Usman’s arrest comes close on the heels of execution of terrorist Yakub Memon amid legal controversies and almost three years since Pakistani terrorist Ajmal Kasab was hanged till death for the crime he committed in 2008. Question arises with the arrest of Usman, whether his fate will be like Kasab, Guru and Memon after due legal procedures even as the country is clearly divided on the death penalty issue.
“The whole idea of terrorism is hated across the world. But the idea of death sentence is not appreciated worldwide and there are only very few countries which have the provisions for death sentences. Time has come to have a relook on the idea of hanging a convict till death,” said Shashi Tharoor, former union minister, while talking to The Free Press Journal. Senior lawyer Majeed Memon believes, “there should be proper legal debates on this issue before yet another execution order comes forth. Can law be changed in these days of heightened terror activities-this has to be brainstormed.” Only few days back, going one step ahead on death penalty, chief minister of Maharashtra, Devendra Fadnavis opined that even people charged with food adulteration should be awarded capital punishment.
Former deputy registrar of Supreme Court and Director of National Law University, Anup Surendranath says, “Question is not about hanging Yakub Memon or Kasab or tomorrow it is about another terrorist, we need to question whether India really needs death penalty.”
Talking to FPJ, Congress general secretary, Digvijaya Singh questioned delays on execution of death penalties for former Prime Minister Rajiv Gandhi assassination convicts. “Indeed there is a scope of debate on death penalty in India and the government should initiate such a step involving senior lawyers, human rights activists and political activists,” Singh said. Veteran CPI leader and parliamentarian, D Raja insists, “there has to be changes in our legal provisions. I welcome a debate on this issue and may be after that, we can make changes on death penalty provisions.”
While the political leaders in India are clearly divided in two sections over the issue of death penalty for hardened criminals and even lawyers are clearly divided, perhaps need of the hour is a nationwide debate before yet again Supreme Court gets into the mode of burning mid-night oil. “I did not understand why some people were talking in favour of saving a hardened terrorist from the gallows. We should look at the quantum of damages they have caused by their act. India has a great judicial system and let us allow it to function without any external intervention,” added attorney general, Mukul Rohatgi.
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Max executions took place in 1950s
In spite of 1303 executions were ordered by various courts in India during 2004 and 2013, only three were executed during the mentioned period. Interestingly, during 1953 and 1963, 1400 convicts were executed in India, according to available data released by the central government. Interestingly, during 2004-2013, Maharashtra witnessed second highest number of execution orders passed by various courts. While Uttar Pradesh courts awarded 318 death penalties, Maharashtra courts ordered 108 death penalties. Out of which, one has been finally hanged till death.
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Joydeep R Ray
