AG recommends setting panel to review if execution by hanging proportionate

Attorney General R Venkataramani has written to the Centre on setting up a committee of experts to examine the prevalent mode of execution of death row convicts by hanging in the country, the Supreme Court was apprised on Tuesday.

A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra was told by senior advocate Sonia Mathur, appearing for the Centre, that a letter has been written by the attorney general for India to the Union Ministry of Home Affairs on setting up of the panel and seeking its suggestions to be submitted in the court on the issue.

Mathur also said that the topmost law officer was unavailable and travelling and hence the hearing may be deferred.

List it on a Friday after two weeks, the CJI said.

Earlier, the top court was apprised by the Centre that it was considering setting up a committee of experts to examine the prevalent mode of execution of death row convicts by hanging.

The attorney general had said there were processes related to finalisation of names for the proposed panel and that he will be able to respond on the issue after some time.

The learned Attorney General states that the process of appointing a committee was under consideration. In view of the above, we will give a fixed date after the (summer) vacation, the bench had said.

The top court on March 21 had said it may consider setting up of a committee of experts to examine whether execution of death row convicts by hanging was proportionate and less painful and had sought "better data" from the Centre on issues pertaining to the mode of execution.

Lawyer Rishi Malhotra had filed a PIL in 2017 seeking to abolish the present practice of executing a death row convict by hanging and replace it with less painful methods such as "intravenous lethal injection, shooting, electrocution or gas chamber".

Malhotra had said that when a convict is hanged, his dignity stood lost which even in death is necessary and gave illustrations of other countries where other modes of execution are being followed.

Thirty-six states in the US have already abandoned the practice of executing convicts by hanging, he had said.