Centre moves SC for new rules for speedy hanging of death row convicts, amid delay in execution in Nirbhaya case

Observing that heinous crime convicts are taking the "judicial process for a ride", the Centre on Wednesday moved the Supreme Court for fixing a 7-day deadline for execution of condemned prisoners after issuance of black warrant, amid the delay in the hanging of the four death row convicts in the 2012 Nirbhaya gangrape-murder case.

Fresh death warrants were issued by a Delhi court on January 17 for the hanging of Vinay Sharma (26), Akshay Kumar Singh (31), Mukesh Kumar Singh (32) and Pawan (26) on February 1 after their hanging scheduled in Tihar jail on January 22 was postponed due to pending petitions.

The hanging has been delayed due to filing of review, curative and mercy petitions over a period of several months, prolonging the agony of Nirbhaya's parents and other family members.

Stressing that the "need of the hour" was to lay down guidelines in "the interest of the victims" rather than keeping the rights of the convicts in mind, the Centre said those punished for "horrible, dreadful, cruel, abominable, ghastly, gruesome and heinous offences" like rape and murder should be not permitted to play with the "majesty of law" and prolong the execution of the sentence awarded to them.

The Centre submitted this was necessary in the larger interest of public and of the victims and their families.

Seeking modifications of directions issued in 2014 in the Shatrughan Chauhan case, it said, "all the guidelines provided...are accused-centric. These guidelines, however, do not take into account an irreparable mental trauma, agony, upheaval and derangement of the victims and their family members, the collective conscience of the nation and the deterrent effect which the capital punishment intends to make."
In an application, the Ministry of Home Affairs(MHA) sought a direction "to mandate all competent courts, state governments, prison authorities in country to issue death warrant of a convict within seven days of rejection of his mercy petition and to execute death sentence within 7 days thereafter irrespective of the stage of review petition/curative petition/mercy petition of his co-convicts."