Supreme Court commutes man's death penalty to life term referring to his reformative poems
New Delhi : The Supreme Court has commuted to life term the death penalty awarded to a man for murdering a child, saying he wanted to reform himself and poems written by him in jail indicate that he realised his mistake.
A bench headed by Justice A K Sikri noted that Dnyaneshwar Suresh Borkar was 22 years old when he committed the crime and while in jail, tried to "join the society" and become a "civilised man".
The bench, also comprising justices S Abdul Nazeer and M R Shah, said Borkar was lodged in jail for last 18 years and his conduct showed that he could be reformed and rehabilitated.
"... We are of the opinion that, in the facts and circumstances of the case, capital punishment is not warranted. Striking the balance between the aggravating and mitigating circumstances, we are of the opinion that mitigating circumstances are in favour of the accused (Borkar) while commuting the death sentence to life imprisonment," the bench said.
It noted several mitigating circumstances which were in favour of the convict, including that "from the poems, written by him in the jail, it appears that he has realised his mistake which was committed by him at the time when he was of young age and that he is reformative".
Borkar had approached the apex court challenging the May 2006 order of the Bombay High Court confirming the death penalty awarded to him by a trial court in Pune for killing a minor child.
His counsel had argued in the apex court that Borkar's conduct was very good in jail and he completed his studies in prison and tried to become a civilised person.
The counsel also told the court that poems written by Borkar in prison reflect that he realised his mistake.
"Though, we acknowledge the gravity of the offence, we are unable to satisfy ourselves that this case would fall in the category of 'rarest of rare case' warranting the death sentence," the bench said.
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Another North Goa nightclub sealed; Kejriwal says corruption led to fire tragedy
Panaji (PTI): As part of a crackdown against tourist establishments violating laws and safety norms in the aftermath of the Arpora fire tragedy, Goa authorities on Saturday sealed a renowned club at Vagator and revoked the fire department NOC of another club.
Cafe CO2 Goa, located on a cliff overlooking the Arabian Sea at Vagator beach in North Goa, was sealed. The move came two days after Goya Club, also in Vagator, was shut down for alleged violations of rules.
Elsewhere, campaigning for local body polls, AAP leader Arvind Kejriwal said the fire incident at Birch by Romeo Lane nightclub at Arpora, which claimed 25 lives on December 6, happened because the BJP government in the state was corrupt.
An inspection of Cafe CO2 Goa by a state government-appointed team revealed that the establishment, with a seating capacity of 250, did not possess a no-objection certificate (NOC) of the Fire and Emergency Services Department. The club, which sits atop Ozrant Cliff, also did not have structural stability, the team found.
The Fire and Emergency Services on Saturday also revoked the NOC issued to Diaz Pool Club and Bar at Anjuna as the fire extinguishers installed in the establishment were found to be inadequate, said divisional fire officer Shripad Gawas.
A notice was issued to Nitin Wadhwa, the partner of the club, he said in the order.
Campaigning at Chimbel village near Panaji in support of his party's Zilla Panchayat election candidate, Aam Aadmi Party leader Kejriwal said the nightclub fire at Arpora happened because of the "corruption of the Pramod Sawant-led state government."
"Why this fire incident happened? I read in the newspapers that the nightclub had no occupancy certificate, no building licence, no excise licence, no construction licence or trade licence. The entire club was illegal but still it was going on," he said.
"How could it go on? Couldn't Pramod Sawant or anyone else see it? I was told that hafta (bribe) was being paid," the former Delhi chief minister said.
A person can not work without bribing officials in the coastal state, Kejriwal said, alleging that officers, MLAs and even ministers are accepting bribes.
