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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Supreme Court takes suo motu cognizance of Karnataka HC Judge's controversial remarks, seeks report
New Delhi: The Supreme Court, on September 20, took suo motu cognizance of video clips containing controversial remarks made by Justice Vedavyasachar Srishananda of the Karnataka High Court. A five-judge bench, led by Chief Justice of India DY Chandrachud and comprising Justices Sanjiv Khanna, BR Gavai, Surya Kant, and Hrishikesh Roy, has ordered a report from the Karnataka High Court.
The decision follows two videos that surfaced on social media, showing Justice Srishananda referring to an area in Bengaluru as "Pakistan" and making objectionable comments toward a woman advocate during hearings. The Court directed the Registrar General of the Karnataka High Court to submit a report after consulting the Chief Justice of the Karnataka High Court. The matter will be further examined on Monday.
Chief Justice Chandrachud emphasised the responsibility of judges in the age of social media, stating, "We are closely watched, and we have to act accordingly."
The comments have drawn widespread criticism, including from prominent lawyers, after the video went viral on social media.
