Hanging to death not as inhuman as lethal injection, Government to SC
New Delhi, April 24: The Central government on Tuesday told the Supreme Court that death by hanging is not as "barbaric, inhuman and cruel" as an execution by firing squad or lethal injection.
Supporting a legal provision that a death row convict would only be hanged to death, the Ministry of Home Affairs told a bench headed by Chief Justice Deepak Misra that death by hanging was "quick, simple" and free from anything that would unnecessarily sharpen the poignancy of the prisoner.
"Execution, as contemplated under section 354(5) of the Code of Criminal Procedure, is not barbaric, inhuman and cruel as well as in compliance with safeguard no. 9 of the resolutions adopted by the United Nations Economic and Social Council (ECOSOC)," said the affidavit filed by the ministry.
The affidavit came while responding to a PIL filed by advocate Rishi Malhotra challenging the constitutionality of hanging to death as a mode of execution, “Section 354 (5) of the Code of Criminal Procedure mandates that a person sentenced to death shall "be hanged by the neck till he is dead."
The apex court had termed the Constitution as a "compassionate and organic" guiding book and asked it to consider changing the law so that a convict, facing death penalty, dies in peace and not in pain.
The affidavit of the ministry further stated: "Lethal injection, which is believed to be painless, has also been contested on the ground that it may lead to uncomfortable death wherein the convict is unable to express his/her discomfort because of paralysis by the paralytic agent injected. It is believed by many that lethal injection, as is practised currently, is designed to create only an appearance of serenity and painless death."
It added that such injections, if made available, can be misused, and also ruled out the option of execution by a firing squad contending that it was not "fail-safe" and can be extremely painful if shooters miss the heart by accident or by intention.
"Hanging with more advanced procedures is far safer than techniques such as lethal injections... the procedure by which a death sentence is to be executed is dependent upon a variety of factors such as economic feasibility, availability of skilled and technical personnel, equipment and resources, rate of botched executions," the affidavit said, adding that the mode of execution is a "matter of legislative policy".
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Sports Ministry revokes WFI suspension, restores Federation's status as NSF
New Delhi (PTI): The Sports Ministry has revoked the suspension imposed on the Wrestling Federation of India (WFI), ending the months of uncertainty surrounding the sport and paving the way for resumption of activities, including selection trials for the upcoming Asian Championship in Amman.
The ministry had suspended the WFI on December 24, 2023 for lapses in governance and procedural integrity by the new body, which was elected on December 21.
The Sanjay Singh-led body had announced the conduct of Under-15 and Under-20 National Championships in Nandini Nagar, Gonda – the stronghold of former WFI chief Brijbhushan Sharan Singh – and the choice of venue irked the government since the former BJP MP was facing charges of sexual harassment.
The ministry, in its order, said that the WFI has taken compliant measures, so in larger interest of the sport and athletes, the ministry has decided to lift the suspension.
"I thank the government for taking this step. It will allow us to function smoothly. It was needed for the sake of the sport. The athletes were suffering for lack of competitions," Sanjay Singh told PTI.
The ministry, though, has asked the WFI to follow certain directions, such as the federation has to ensure that there is a balance of power among the elected office bearers, and it keeps itself disassociated from the suspended/terminated officials.
It may be noted that Prem Chand Lochab, the new general secretary, was elected from the rival camp and the ministry's directive could be understood in that context.
"The EC of the WFI must give an undertaking in this regard within 4 weeks.
Any violation of the undertaking will invite appropriate legal action, including the action under the Sports Code," the ministry said in its order.
It also said that the WFI must ensure that the selection for all international events should be done in a free, fair and transparent manner as per the extant provisions of the Sports Code and the other latest instructions issued in this regard along with regulations issued from time-to-time by the UWW (United World Wrestling)," the order said.
WFI president said there is nothing that can't be followed.
"We have already shifted to a new office and soon we will call for an EC meeting and also issue a circular for the selection trials. We have no issues in following these instructions," he said.
The Asian Championship is scheduled to be held in Amman, Jordan from March 25.
The Indian wrestlers missed out on competing in Ranking Series tournaments in Zagreb and Albania due to the ministry suspension and the court cases filed by prominent wrestlers, Vinesh Phogat, Bajrang Punia and Satyawart Kadian.
The wrestlers, who had led the protest against Brij Bhushan, had contended that the WFI did not have the authority to pick national teams since it was suspended.
The court had directed the Indian Olympic Association to restore the ad-hoc panel for managing the WFI but the sports body had refused, saying UWW, the world governing body, recognises only the WFI and won't accept entries from the ad-hoc panel.
The UWW had threatened IOA to suspend WFI again if there was interference in its governance.
"We are so relieved that this suspension has been lifted. There was a compete lull, the young wrestlers were suffering for no fault of theirs. They were missing tournaments, there was no national camp. The suspension should have been lifted long back," said a coach associated with a leading training centre in Haryana.
