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| [Discussion] A very recent landmark Judgment | Views: 879 |
| Jul 24, 2008 10:35 am | | [Discussion] A very recent landmark Judgment | # |
Vijay Nair | | This is a momentous judgment of the Supreme Court on death penalty that should be taken note of.
Passed on 22.07.2008, by this Judgment the three Judge Bench commuted the death penalty awarded to the convict by the trial court and the high court, to life sentence, but underlined that life means life, and the convict should be in jail for the rest of his life, and not just for 14 years. This is perhaps the first time when the Court has clearly laid down that executive clemency should not mean that the Court cannot award life sentence beyond 14 years. The Bench found that there is a huge gap between 14 years and death penalty, and the Court's options to impose an appropriate punishment should not be closed.
The Bench said:
"The truth of the matter is that the question of death penalty is not free from the subjective element and the confirmation of death sentence or its commutation by this Court depends a good deal on the personal predilection of the judges constituting the bench."
The three Judge Bench which passed this Judgment was constituted after the Bench of Justice S.B. Sinha and Justice Markandey Katju gave a split judgment. Justice Sinha was for life imprisonment and Justice Katju for death penalty.
You can find the complete text here:
http://www.indiankanoon.com/doc/989335/
Private Reply to Vijay Nair |
| Aug 06, 2008 4:41 pm | | re: re: [Discussion] A very recent landmark Judgment | # |
Ritu | | If life term means imprisonment for the rest of life, what is double life term suppossed to mean?????
Yesterday I read this news item in the Hindu
'A court in Karur on Monday awarded double life terms to 26 people convicted of killing two youths over a temple-land dispute in the nearby Madurai district of Tamil Nadu in July 1992.
Judge R. Ayyappan pronounced all the 26, accused of killing N. Ammavasai and P. Velu, as guilty and ruled they should undergo a life term for each murder.'
Am a bit confused.Private Reply to Ritu |
| Aug 07, 2008 12:23 am | | re: re: re: [Discussion] A very recent landmark Judgment | # |
Vijay Nair | | In India, if you are convicted for multiple offences, the sentences run concurrently.
I guess its cumulative in US. Private Reply to Vijay Nair |
| Aug 08, 2008 3:20 pm | | re: re: re: re: [Discussion] A very recent landmark Judgment | # |
Ritu | |  Private Reply to Ritu |
| Aug 14, 2008 9:01 am | | re: re: re: re: re: [Discussion] A very recent landmark Judgment | # |
harish vaidyanathan | | Ha ha!!! Good one Ritu and very apt.
Harish V Shankar
Head- Delhi
Mulla & Mulla & Craigie Blunt & CaroePrivate Reply to harish vaidyanathan |
| Aug 14, 2008 2:52 pm | | re: re: re: re: re: re: [Discussion] A very recent landmark Judgment | # |
charuhasan | | When I was in my high school classes the average age of an Indian was 27. There is this problem in that statistics. There were no proper medical attention for a New Born baby and after care for both mother and child was very primitive that the average life expectancy was brought down by near 40%. The Executive used their discretion to release them after 14 years minus deduction allowed by jail rules that some of my clients who got imprisonment for life in my lawyer days, came out in 10 years.
As early as 2000 the average Indian age became 57. Now it could be 62 subject to correvtion. Way back in 1948 I had a dozen names in my hit list as leftist reformer which I would have tried to carry out if I were sure of my own death penalty. Some were afraid of death penalty for they have worse life outside. Men like me were afraid of 10 to 14 years in prison.
Now that I am 78 year old and if I am convicted under 302 I.P.C I might become such a dead weight for the state and jail authorities within five years. If a man who had been a lawyer for 30 years and actor for 28 years commits a murder for gain or
found guilty of rape and murder, even 5 years of feeding him in prison would be crime in itself. .
Private Reply to charuhasan |
| Aug 14, 2008 4:17 pm | | re: re: re: re: re: re: re: [Discussion] A very recent landmark Judgment | # |
Vijay Nair | | Very few people in this world can with utmost humility crack a wit on himself and educate at the same time. Charu Sir, you are one of them. You have said in few words what thousand of words could not do. Private Reply to Vijay Nair |
| Aug 15, 2008 5:43 am | | re: [Discussion] A very recent landmark Judgment | # |
Swetha Mourougane | | i remember one Jayaprakash (aged 22) was awareded Life Term for murdering 8 (or 9) of his family members (i think it was in 1983-84). And he was released during the mid 1990s. And as per press reports, he is now a changed man. jail life has brought about an immense change in him. Now he leads a good life. Private Reply to Swetha Mourougane |
| Aug 15, 2008 7:43 am | | re: re: [Discussion] A very recent landmark Judgment | # |
Ritu | | Ah! Great..the law gave the guy a second chance & he changed!! Bravo & three cheers! Very heartening!! But can his ( & mostly it is his) victims get a second chance at life?! It's very noble to think of human rights of criminals but the big question here is did they treat their victims humanly?? Private Reply to Ritu |
| Aug 16, 2008 1:32 am | | re: re: [Discussion] A very recent landmark Judgment | # |
charuhasan | | I was a sort of a waning lawyer and budding actor when Jayaprakash was convicted. He stated in court that he was inspired by a Tamil film titled Nooravthu Naal (hundreth day)Mr. Manivanna (now an actor) directed the film. The film was big hit but for those 8 1/2 lives wasted Private Reply to charuhasan |
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