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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.

Crime

Senior citizen in Bengal’s Dinhata attempts suicide, fearing deletion of name from voters’ list

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Kolkata, Oct 29: A 60-year old man, Khairul Sheikh, a resident of Dinhata in Cooch Behar district of West Bengal, allegedly tried to commit suicide by consuming poison on Wednesday reportedly out of the fear of getting his name deleted from the voters’ list following the Special Intensive Revision (SIR) in the state, the groundwork for which will start from November 4.

His family members have told the police and the media persons that, although the name of Sheikh was in the voters’ list of 2002, the year when the SIR was conducted in West Bengal for the last time, the spelling of his name was incorrect in that list.

According to Shaikh’s family members, he was scared that because of the mistake in the spelling of his name in the 2002 list, his name might be deleted from the voters’ list.

Confirming the development, the new District Police Superintendent, Sandip Karra, told media persons that as per the versions of Sheikh’s family members since the SIR was announced for West Bengal by the ECI earlier this week, he started panicking.

“The police have started an investigation into the matter. He is currently under treatment. We will investigate him after he recovers and get to know from him the reasons behind his act,” Karra said.

Trinamool Congress’ Cooch Behar district president, Avijit Dey, said that the incident is proof of what kind of panic is there among the common people over the SIR.

“What I heard is that some people told Sheikh that because of the mistake in the spelling of his name in the 2022 list, his name will be deleted from the voters’ list following the fresh SIR, and he will also be deported to Bangladesh. Out that fear he tried to commit suicide,” Dey added.

The BJP legislator from Cooch Behar (Uttar) constituency, Sukumar Roy, said that even if the fear factor prompted Sheikh to attempt suicide, Trinamool Congress is responsible for that since the party is responsible for spreading a false sense of fear among people about the SIR.

On Tuesday, a 57-year-old man, identified as Pradeep Kar, committed suicide at Panihati in North 24 Parganas district, reportedly out of fear of being affected by a possible National Register of Citizens (NRC) in West Bengal.

BJP had already raised doubts about whether the suicide note recovered from near his body was actually written by the deceased person and also demanded a proper investigation into the actual reason behind the suicide.

On Tuesday, both the Chief Minister Mamata Banerjee and Trinamool Congress’s General Secretary Abhishek Banerjee accused the BJP and the Union government of spreading a sense of fear and division by using NRC as a tool, where people are often made to doubt their own right to existence, the reflection of which was felt in the suicide of Kar.

Since the beginning, Trinamool Congress leadership had been describing the SIR as an indirect ploy by the BJP and the Union government to impose the NRC in West Bengal.

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National News

Tejashwi carries a mixed bag of Lalu legacy, where ‘jungle raaj’ is among burdens

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New Delhi, Oct 29: When his estranged elder sibling Tej Pratap Yadav said that Rashtriya Janata Dal (RJD) leader Tejashwi was living in their father Lalu Prasad’s shadow, the younger brother could have nodded in agreement since his aspiration to be Bihar’s next Chief Minister lay through that path.

Early this year, the Rashtriya Janata Dal (RJD) national executive committee passed a resolution empowering Tejaswi to levels that equalled that of the founder and party President Lalu. It was thus clear who among the latter’s nine children would carry the legacy forward.

Four of Lalu-Rabri’s children exhibited interests in politics, with Misha Bharti standing by Tejashwi in the current family feud, seemingly content as a Lok Sabha member, while the younger Rohini Acharya has extended support to Tej Pratap.

Rohini, who unsuccessfully contested as an RJD candidate from Bihar’s Saran Lok Sabha constituency in 2024, makes no secret of her disappointment over their father’s endorsement of Tejashwi. She also makes it known that it was she who donated a kidney to Lalu earlier.

Tejashwi’s elevation in RJD was, therefore, through a family feud that is standing out more vividly with the elections. The resilience and determination that he has shown in his fights within the family and party reflected outside – in seat-sharing negotiations. Despite his age and experience being less than most of his allies, he handled them with elan, refusing to give in much to their demands.

He lacks the rustic sense of humour of his father, but that did not come in the way of making the partners smile, even if reluctantly. The exercise bore fruit in 2020 when the Mahagathbandhan fell short of a majority by only a dozen seats and the RJD emerged as the single largest party, winning 75 of Bihar’s 243 Assembly constituencies. He has thus lived by Lalu’s legacy of using alliance strength when facing a stronger opponent.

In 1999, when Sonia Gandhi was poised to stake a claim to form the government but Mulayam Singh Yadav refused to support, Lalu – despite being a political rival at times – was more amenable to working with the Congress. Though he had only seven seats in the Lok Sabha, the Bihar strongman played a role in trying to bridge gaps between regional leaders and Gandhi.

In the 2004 Lok Sabha elections, when the RJD won 24 Lok Sabha seats, giving Lalu substantial influence in forming the new government, he had famously said “I will play the role of queenmaker”, referring to his support for the Sonia-led Congress.

In the run-up to the 2025 polls, Tejashwi did upset a few parties – including the All India Majlis-E-Ittehadul Muslimeen (AIMIM) and national ally Jharkhand Mukti Morcha (JMM) – but he did not want RJD to either lose vote share or vote bank, accommodating more partners. He calculated that getting AIMIM onboard could paint a Muslim overreach and could affect Yadav votes. Bihar’s caste census report of 2022 shows the former at around 17.70 per cent and the latter at about 14.3 per cent. He is rather intending to somehow break into the Backward (OBC) and the Extremely Backward Class (EBC) votes, who together constitute some 63.1 per cent of Bihar’s population.

The RJD, which initially enjoyed their support, witnessed an erosion in OBC votes, being viewed as leaning further towards Muslim-Yadav support; while EBC votes shifted for Bihar’s ruling National Democratic Alliance (NDA), led by Nitish Kumar’s Janata Dal (United). He is thus trying to live Lalu’s legacy of using “Mandal” over “Kamandal”.

Lalu’s rise to prominence was rooted in the implementation and political mobilisation around the Mandal Commission’s recommendations. He used it as a tool against so-called Kamandal politics, said to be in favour of majoritarian, upper-caste-centred Hindutva projects. This consolidation also helped Lalu decimate the rising Communist forces, who stuck to “class struggle” over the state’s caste equations.

However, Tejashwi also carries the legacy of “jungle raaj” under the Lalu-Rabri regime that his critics have repeatedly raised with a slogan of “good governance” from Nitish Kumar. That is among the aspects of his father’s shadow that the young Yadav is trying hard to step out of.

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Bollywood

Bollywood actor Mukesh Rishi watches J&K Assembly proceedings from Speaker’s Gallery

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Srinagar, Oct 29: Bollywood actor Mukesh Rishi on Wednesday watched the proceedings of J&K Assembly from the Speaker’s Gallery as members cutting across party lines welcomed his presence.

The Assembly warmly welcomed Rishi, who was present in the Speaker’s Gallery during the ongoing session.

Members across party lines greeted the actor with applause as Speaker Abdul Rahim Rather announced his presence in the House.

Rishi belongs to J&K and was born on April 19, 1956, in a Gujjar Chaudhary family in Kathua district.

Growing up in Jammu, graduating from Government College, Sector 11, Chandigarh, and working for two years in Mumbai, Rishi moved to Fiji for work, where he met his future wife, who is of Indo-Fijian ancestry. Her family ran a traditional departmental store. He has a lucrative investment portfolio, including warehouse investments.

He later worked as a model in New Zealand before beginning his acting career in India.

An actor known for playing villainous and supporting roles and a film producer, he has worked in Hindi, Telugu, and other films. Among his better-known Bollywood movies are “Gunda” (1998), “Sarfarosh” (1999), and “Koi… Mil Gaya” (2003).

The Autumn Session of the J&K Assembly will end on October 31. With its conclusion, all the top offices of government, including those of the Chief Minister, his cabinet colleagues, the Chief Secretary, administrative secretaries and the Director General of Police (DGP) will move to the winter capital Jammu.

The move is called the “Dabar Move” and will see the offices functioning for six months from the winter capital, Jammu.

The over one and a half century old practice of shuttling offices between Srinagar and Jammu was stopped by the Lt Governor in 2021, but has been restored by the elected government headed by Omar Abdullah.

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