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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CM Siddaramaiah appears before Lokayukta police for questioning in MUDA case
Mysuru (PTI): Karnataka Chief Minister Siddaramaiah appeared before the Lokayukta police here on Wednesday in response to the summons issued to him for questioning in the MUDA site allotment case.
The CM, who has been named as accused number 1 in the FIR registered by the Lokayukta police, is facing allegations of illegalities in the allotment of 14 sites to his wife Parvathi B M by the Mysuru Urban Development Authority (MUDA).
They had on October 25 questioned his wife, who has been named as accused number 2.
Siddaramaiah, his wife, brother-in-law Mallikarjuna Swamy and Devaraju -- from whom Swamy had purchased a land and gifted it to Parvathi -- and others have been named in the FIR registered by the Mysuru-located Lokayukta police establishment on September 27.
Swamy and Devaraju have already deposed before the Lokayukta police.
Meanwhile, the Karnataka High Court had on Tuesday issued notice to Siddaramaiah and others on a writ petition filed by RTI activist Snehamayi Krishna, seeking a direction to transfer the case to CBI.
Justice M Nagaprasanna, who also issued notice to Parvathi, Swamy, Union of India, the State government, CBI, Lokayukta and others, directed the Lokayukta to place on record investigation conducted in the case so far.
The court posted the next hearing to November 26.
On October 24, the CM filed an appeal before the division bench of the High Court, challenging the decision of a single judge bench in connection with the MUDA site allotment case that had come as a setback to him.
The bench of Justice M Nagaprasanna had on September 24 dismissed the CM's petition challenging Governor Thaawarchand Gehlot's approval for a probe against him in the case, observing that the gubernatorial order nowhere "suffers from want of application of mind".
Siddaramaiah had challenged the legality of Gehlot's sanction for the investigation against him in the alleged irregularities in the allotment of 14 sites by MUDA in a prime locality.
Following the High Court order, a Special Court here on the very next day had ordered a Lokayukta police probe against Siddaramaiah, and directed to file the investigation report by December 24.
Parvathi, meanwhile, had written to MUDA to cancel 14 sites allotted to her and the MUDA had accepted it.
On September 30, the ED filed an enforcement case information report (ECIR) to book the CM and others taking cognisance of the Lokayukta FIR, and is also probing the case.
In the MUDA site allotment case, it is alleged that 14 compensatory sites were allotted to Siddaramaiah's wife in an upmarket area in Mysuru (Vijayanagar Layout 3rd and 4th stages), which had higher property value as compared to the location of her land which had been "acquired" by MUDA.
The MUDA had allotted plots to Parvathi under a 50:50 ratio scheme in lieu of 3.16 acres of her land, where it developed a residential layout.
Under the controversial scheme, MUDA allotted 50 per cent of developed land to the land losers in lieu of undeveloped land acquired from them for forming residential layouts.
It is alleged Parvathi had no legal title over this 3.16 acres of land at survey number 464 of Kasare village on the outskirts of Mysuru.
