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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Annamalai's remarks about Mumbai misconstrued for political gains, says BJP MLA
Mumbai (PTI): BJP MLA R Tamil Selvan on Monday defended party leader K Annamalai's remarks about Mumbai, saying his statements, aimed at highlighting the city's global importance, had been deliberately misconstrued for political gains.
The Shiv Sena (UBT) last week demanded that Annamalai be arrested for his remark that "Bombay is not a Maharashtra city".
While campaigning for the January 15 civic body elections last week, former IPS officer and ex-Tamil Nadu BJP president Annamalai had said, "People want a triple engine government. This is the only metro city in the country where a triple engine is possible. Modi is in Delhi, Fadnavis is the chief minister, and now Mumbai will have a BJP mayor. Mumbai is not a Maharashtra city but an international city."
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Talking to reporters, Selvan, who represents the Sion Koliwada assembly constituency, said, "Our leader Annamalai described Mumbai as a city respected across the world. What he wanted to say was that Mumbai is becoming the world's number one city, mainly because of the blessings of Chief Minister Devendra Fadnavis. Be it the Metro project, road construction or the provision of services, Mumbai has emerged as an important city on the global front. Annamalai was talking in this context."
The BJP leader's words were being distorted for political gains, he said.
"How can anyone separate Mumbai from Maharashtra? Not even a prime minister will be able to do it. Annamalai did not say those words out of disrespect. He was only saying that Mumbai has a global identity," he said.
Responding to Maharashtra Navnirman Sena chief Raj Thackeray's "Rasmalai" jibe at Annamalai, Selvan said, "Raj Thackeray is a senior leader, and many respect him. I still respect him, but he should respect others as well. I am also from Tamil Nadu, but I have won the assembly elections thrice with the support of around 90,000 Marathi voters. They did not see my background."
The BJP gives tickets to people who serve the society, he said.
Selvan claimed that he had worked extensively in Maharashtra, even in rural areas, and invoked icons such as Chhatrapati Shivaji Maharaj, Dr Babasaheb Ambedkar and Lokmanya Tilak in his speeches.
In a dig at his critics, the BJP MLA said, "Now people have seen who uses foul language against our chief minister, who works for the people's welfare. We oppose such use of foul language. CM Fadnavis will take appropriate action against such people."
