Death penalty: Supreme Court dismissed the Center’s petition to make victims, social guidelines

The Supreme Court on Wednesday, 8 October dismissed the application of the Center for making the victim and social guidelines in the heinous crime cases where the death was sentenced.

The case came for hearing before the bench of Justices Vikram Nath, Sandeep Mehta and NV Anjaria.

The bench dismissed the petition, saying, “We did not get any qualification in this MA (diverse application).”

The Center had applied to the apex court in January 2020 and argued that the prevailing guidelines were only accused and guilty.

On January 31, 2020, the apex court agreed to investigate the application and sought reactions from various stakeholders, on whose petition, in 2014, the apex court had set guidelines related to the hanging of the culprits of the death sentence.

In 2014, guidelines were determined in Shatrughan Chauhan vs India Union case.

The apex court made it clear in January 2020 that while considering the Center’s petition, the issue of conviction and punishment related to the Shatrughan Chauhan case would not be changed.

The Center had argued that death sentence is given in cases that shock the collective conscience of the court.

The apex court had said that the 2014 case had reached the final stages as reviews and therapeutic petitions were already dismissed.

The Center argued, “There is no time limit to take advantage of the legal and constitutional measures available for the convicts. The court should now take into account the interest of the victim and society and set guidelines that are in line with the already prescribed guidelines for the accused.”

It had filed an application saying that the guilty of heinous crime “is joking in the judicial process”.

Amid the delay in the hanging of four convicts who were sentenced to death sentence in the 2012 Nirbhaya gang-rape case, the Center had urged the apex court to set a seven-day deadline for the hanging of prisoners who were condemned after issuing black warrants.

The case was delayed in the case due to reviews, remedial and mercy petitions during a period of several months.

Demanding amendment in the instructions issued in 2014 in the Shatrughan Chauhan case, the Center said, “All guidelines provided are accused-centered. These guidelines, however, do not take care of the preventive effects caused by the un offridged mental trauma, pain, upheaval and disturbance, the nation’s collective consciousness and death penalty.