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‘Consistent with dignity, socially acceptable’, SC mulls panel to examine less painful method of execution

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The Supreme Court on Tuesday said it is open to set up a panel of experts, while asking the Centre to initiate a discussion and collect relevant information to examine if there is a less painful method alternative to hanging by the neck to execute the death penalty.

A bench headed by Chief Justice of India D.Y. Chandrachud said one of the aspects could be to look at the matter from the point of view of science and technology.

The Chief Justice queried if there was a method which is consistent with human dignity and socially acceptable, based on today’s knowledge of technology and science.

“Do we have any data either in India or overseas relating to the circumstances as they transpired in the execution of sentence of death with alternate methods?”

The bench, also comprising Justice P.S. Narasimha, said: “alternatively, do we constitute a committee, thinking it aloud, not passing an order now. Committee to reflect on it. We can have two national law universities to be on the committee, experts dealing in execution of the sentence of death… We can also have people drawn from medical sciences, maybe one or two professors or doctors from AIIMS. We can have other distinguished people from the country.”

The top court allowed Attorney General (AG) R. Venkataramani time till May to ascertain if any study has been conducted to find a more humane method of execution.

“There two perspectives to look at, one, is there any alternate method, which is more consistent with human dignity so as to render this method of execution as unconstitutional. Two, even if there is no alternate method, does this method satisfy the test for proportionality so as to be uphelda”, the Chief Justice told the AG to examine.

The bench further added that change in technology or availability of better science is a ground for relooking it and in order to relook at hanging, the court must have some underlying data.

“At legal level, we must have some scientific data in our handsawe can hear you on the remit of the committee, the ambit of the committee you can come back to us,” the Chief Justice told the AG.

The apex court was hearing a writ petition by advocate Rishi Malhotra seeking a direction for quashing of the provision contained under Section 354(5) of the Criminal Procedure Code as ultra vires the Constitution and especially Article 21 being discriminatory and also in contravention of the constitution bench judgment in Gian Kaur’s case.

Malhotra contented that he is challenging the method of execution of death sentence in India i.e. by hanging by the neck till the prisoner is dead.

The plea, citing Kaur’s judgment, said: “the Right to Life including the Right to Live with human dignity would mean the existence of such a right up to the end of natural life. This also includes the right to a dignified life up to the point of death including a dignified procedure of death. In other words, this may include the right of a dying man to also die with dignity when his life is ebbing out.”

In october 2017, the apex court had issued notice to the Centre noting the contention of the petitioner that the convict whose life has to end because of the conviction and the sentence should not be compelled to suffer the pain of hanging.

National News

Constitution Day 2024: Video Shows Rahul Gandhi Leaving Without Namaste To Murmu, BJP Claims ‘He Insulted Tribal President’

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Constitution Day 2024: Video Shows Rahul Gandhi Leaving Without Namaste To Murmu, BJP Claims 'He Insulted Tribal President'

Congress MP Rahul Gandhi came under fire on Tuesday (November 26) for what is being called his avoidance of greeting President of India Droupadi Murmu. The Bharatiya Janata Party (BJP) has seized on to the incident that took place in Parliament of India and has now alleged that Gandhi did not greet President Murmu because she hails from tribal community.

The video, now being shared by BJP leaders and netizens alike, shows part of the proceedings of Constitution Day ceremony in the parliament. The ceremony kickstarted the year-long celebration of 75 years of adoption of Constitution of India. The constitution was adopted on November 26, 1949.

In the video, President of India Droupadi Murmu, flanked by other dignitaries like Vice-president Jagdeep Dhankhar, Prime Minister Narendra Modi, Lok Sabha Speaker Om Birla greet those present for the ceremony. Congress president Mallikarjun Kharge, alongwith Rahul Gandhi are among the leaders given place on the dais.

In the video, all leaders including Rahul Gandhi, can be seen greeting those in the audience but Gandhi is then seen breaking away from the group while everyone greets the president, apparently as a courtesy. Gandhi, moving away from the group of leaders, stops at a point to look back but doesn’t greet the president.

BJP’s Amit Malviya posted the video and had a strong reaction for Gandhi.

Malviya’s post had a lot of comments.

One of those who commented said that Rahul Gandhi’s actions were not a power move but he did what he did as he did not have a clue about what was happening.

‘Ye nahi sudharne wala…’ said another user.

At the time of publishing of this story, there was no reaction from Rahul Gandhi’s official handle on social media platform X (formerly Twitter).

It wasn’t immediately verifiable if Rahul Gandhi greeted the president off-camera.

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Maharashtra

President Droupadi Murmu Pays Tribute To 26/11 Martyrs, Reiterates India’s Commitment To Fighting Terrorism

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New Delhi: President Droupadi Murmu paid tribute to the martyrs of the 26/11 attacks on Tuesday.

“On the anniversary of cowardly terror attacks in Mumbai on 26th November 2008, I join the entire nation in paying homage to the bravehearts who lost their lives and expressing solidarity with their families,” said the President in a post on X.

She also reiterated India’s commitment to combat terrorism.

“A grateful nation salutes its valiant security personnel who made ultimate sacrifice while protecting our people. It is also the day to reiterate that India remains firmly committed to defeating terrorism in all its forms,” the post added.

Union Ministers Amit Shah & Rajnath Singh Pay Their Tribute

Union Ministers Amit Shah and Rajnath Singh also paid tribute to the security personnel who died during the attacks,

“Terrorism is a blot on the entire human civilization. The Modi government’s ‘zero tolerance’ policy against terrorism has been appreciated by the entire world and today India has become a world leader in anti-terrorism initiatives,” Union Home Minister Amit Shah’s post said.

“We remember, and we will never forget those wounds,” Defence Minister Rajnath Singh’s post said.

Union Minister Piyush Goyal Remembers Sacrifice Made By The People

Union Minister Piyush Goyal also remembered the sacrifice made by the people in a post on X.

“Respectful salute to the brave soldiers, policemen and innocent citizens who made the supreme sacrifice to protect the motherland in the 26/11 Mumbai terrorist attack. Their bravery, sacrifice and martyrdom will always be remembered,” the post said.

About 26/11 Terror Attack

Today is the 16th anniversary of the 26/11 attacks, a series of coordinated terror attacks at the Taj Hotel, Oberoi Trident Hotel, Chhatrapati Shivaji Terminus, Leopold Cafe, Mumbai Chabad House, Nariman House, Cama Hospital and Metro Cinema by ten Lashkar-e-Taiba terrorists.

Notably, at least 174 people, including 20 security force personnel and 26 foreigners, were killed and more than 300 injured in the 26/11 Mumbai terror attacks in 2008.

The ten Lashkar-e-Taiba terrorists came to Mumbai via the sea route from Pakistan and carried out the attacks.

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International News

Bangladesh High Court orders high-level probe into power deals with Adani group amid supply cuts

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Bangladesh’s High Court ordered the formation of a high-level enquiry committee comprising international energy and law experts to reevaluate all electricity-related agreements with the Adani group, The Business Standard, a local news portal, reported on Tuesday, November 19.

The bench of Justices Farah Mahbub and Debasish Roy Chowdhury has reportedly ordered the cabinet secretary to form the committee within a month and submit the report to the court in the next two months. 

Adani Power shares closed 0.47 per cent lower at ₹524.10 on Tuesday’, compared to ₹526.60 at the previous market close. 

The court, while hearing a petition, asked why instructions should not be given to cancel the uneven agreements made with the Adani group. It also asked for the documents related to the signing of the deal within a month.

Barrister M Abdul Qayyum, representing the petitioner, filed the writ in the High Court asking for the cancellation of all electricity deals with Adani group. Adani signed the 25-year power purchase agreement in 2017; at that time, no imported coal-based power plants were operational in Bangladesh, as per the report.

Adani’s Bangladesh power supply

Adani group’s Bangladesh power is supplied from Jharkhand’s 1,600 MW power plant. The cost of power is $0.1008 per unit or Tk12 per unit, a Bangladesh Power Development Board official was quoted as saying in the report.

This rate is 27 per cent higher than the rate of India’s other private producers and as much as 63 per cent more than the Indian state-owned plants. 

After Adani Power cut the Bangladesh power supply by half over the unpaid dues, the company also set a deadline of November 7 to switch off the flow of electricity if there was no clarity on the settlement of the outstanding amount.

Bangladesh reportedly owes Adani almost $850 million. Adani group later clarified that it had not demanded the full payment in seven days, as per the report.

Shortage of Power

Bangladesh continues to face a shortage of electricity, increasing the risk of blackouts, even after making a partial payment to Adani group, according to a Bloomberg report on Tuesday. 

Adani Power has received a letter of credit for $170 million, easing pressures from lenders, reported the agency, citing two people aware of the development. The partial payment doesn’t resolve the crisis, but the company won’t halt supplies for now, pending talks with the lenders of the Godda thermal plant in Jharkhand, the officials said. 

“Payments should have been made by this time,” Ahsan H Mansur, governor of Bangladesh Bank, said in a phone interview on Friday as per the report. The central bank “issued an instruction for the payment”, Mansur had said earlier this week.

The Adani electric supply accounts for nearly 10 per cent of Bengladesh’s total supply. The power company reduced its supply further to 500 megawatts on Thursday after cutting it to 700 megawatts earlier, as per the data collected from Power Grid Bangladesh cited in the news report.

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