Women’s panel seeks CJI intervention over rape-murder convict’s penalty

Bombay high court converts death penalty to life after delay, Commission says that’d be injustice to victim

geetanjali

Geetanjali Minhas | December 14, 2019 | Mumbai


#Maharashtra State Commission for Women   #Supreme Court   #Bombay high court   #law   #society   #gender   #rape  
(Illustration: Ashish Asthana)
(Illustration: Ashish Asthana)

The Maharashtra State Commission for Women has urged the chief justice of India to take suo moto action in the matter of the Bombay high court converting to life imprisonment the death sentence of the two persons convicted for the brutal rape and murder of a Pune BPO executive in 2008.

Challenging the high court judgment of July 29, 2019 on grounds of “procedural irregularity”, the commission has requested its recall by the apex court.

On November 1, 2007, a 22-year-old woman working in a reputed BPO company in Pune was raped and murdered by a cab driver named Purshottam Borate (38) and his friend Pradeep Kokade (32).They were sentenced to death by the Pune sessions court in 2012. This order was upheld by the Bombay high court on September 25, 2012 and later also by the supreme court on May 8, 2015. A mercy petition of the convicts was turned down by the Maharashtra Governor and later also by the then President of India, Pranab Mukherjee, in 2017.

As for four years, one month and six days, from May 8, 2015 till June 24, 2019, the death sentence was not executed, the accused filed a writ petition before the high court on July 20. The high court upheld on July 29 that the delay of 1,507 days on part of the administration is “unavoidable / unconstitutional” and it converted the death penalty into life imprisonment.

“After 8.5.2012 the sentence of death ought to have been executed within 90 days. Commutation of death penalty into life imprisonment only on the ground of delay caused by the administration is miscarriage of justice towards the victim. Commutation of death sentence into life imprisonment by Bombay high court judgment is wrong when the mercy petition of the accused was rejected by the President of India,” Vijaya Rahatkar, chairperson of commission, told Governance Now.  

The issue of authority of the high court in quashing death sentence of whose mercy petitions are rejected under Article 72 of the Constitution of India is pending in Union of India vs. Sonu Sardar - SLP (Cri) no. 008357 -008357/2017, says her letter addressed to the chief justice of India, SA Bobde. It also cites the case of Shatrughan Chavan vs. Union of India and Others wherein it was held that unnecessary delay caused in execution of death penalty can lead to commutation of same only by the Supreme Court.

The commission says that high court has gone ultra vires in commuting death sentence. “Such arbitrary commutation would be abrogation of rights and gross miscarriage of justice towards the victim. The judgment is not only miscarriage of justice but it has also caused huge social discontent,” Rahatkar writes in her letter.

Comments

 

Other News

BMC commissioner Chahal conferred with hon. doctorate

BMC commissioner and administrator Iqbal Singh Chahal has been conferred with a Honorary Doctor of Science Degree (honoris causa) by Guru Nanak Dev University in Amritsar, Punjab. Chahal was conferred the degree during the 48th convocation of the University in Amritsar at the hands of Punjab

Sebi to have two-track approach on ESG

Securities and Exchange Board of India (Sebi) aims to use a two-track approach on environmental social and corporate governance (ESG). Addressing a conference on ‘ESG for Atmanirbhar Bharat` in Mumbai, Sebi chairperson Madhabi Puri Buch said that that there should not be a single carbo

Accuracy more important than speed in news: Anurag Thakur

Presenting authentic information is the prime responsibility of media and that facts should be properly checked before they are put in the public domain, union minister of information and broadcasting Anurag Thakur has said. “While speed with which the information is transmitted is imp

FM concludes pre-budget consultations

Union minister for finance and corporate affairs Nirmala Sitharaman has concluded the pre-budget consultation meetings for Budget 2023-24 that were held from November 21 to 28 in the virtual mode. More than 110 invitees representing seven stakeholder groups participated in eight meetings sch

Coal production rises by 18% to 448 MT

The total coal production in the country stands at 448 million tonnes (MT) for the month of October 2022 which is 18% higher than the production of the corresponding period of last year. The growth of coal production from Coal India Ltd (CIL) is also more than 17%. The ministry of coal said

How to execute large-scale social impact projects

The number of social innovators and entrepreneurs has considerably increased recently in India. The idea of social entrepreneurship, which aspires to provide novel solutions for the world`s most critical social issues, is now receiving more attention. Challenges like overworked healthcare,

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter