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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

Haryana IPS suicide: Punjab Scheduled Caste panel seeks report from Chandigarh DGP

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Chandigarh, Oct 11: The Punjab State Scheduled Castes Commission on Saturday took suo moto notice in the suicide case of Haryana’s ADGP Y. Puran Kumar in Chandigarh and sought a report from the Chandigarh Director General of Police.

Commission Chairman Jasvir Singh Garhi said this matter has come to his notice through the media, on which he has taken action and he has instructed the Director General of Police of Chandigarh to submit a report regarding this matter and the action taken so far on the suicide note and the complaint given by his wife Amneet Kaur through an ADGP-level officer to the commission on October 13.

Also, the Scheduled Castes Commission Chairman will visit the victim’s family’s house on October 13.

Meanwhile, Jai Narayan, a spokesperson for the 31-member committee for justice for Puran Kumar, told the media here that they formed this 31-member committee on Friday to sustain the movement across all over Haryana with key members from various regions.

“The government has not conducted any meaningful investigation, and we demand that at the very least, those responsible be terminated; only then will the post-mortem be performed,” he said.

Meanwhile, protests were held in Rohtak, demanding arrest of the accused in the suicide case. Inspector General of Puran Kumar, who allegedly shot himself dead at his Chandigarh residence on October 7 with his service revolver, left behind a “final note”.

The victim’s spouse, Amneet P. Kumar, a Haryana cadre senior bureaucrat, in a letter to Chief Minister Nayab Singh Saini has sought justice for her husband.

The letter, marked urgent and confidential, two days ago expressed anguish over what she described as a “grave injustice” and “complete administrative inaction” even after more than 48 hours of her husband’s death.

In a nine-page “suicide note”, Puran Kumar reportedly accused nine serving IPS officers of the Haryana Police, a retired IPS officer and three retired IAS officers of “caste-based discrimination”.

The serving officers included DGP Shatrujeet Singh Kapur and Rohtak Superintendent of Police Narendra Bijarniya.

Meanwhile, the government has removed Bijarniya from his post and has been replaced by Surinder Singh Bhoria as the Superintendent of Police of Rohtak.

No posting has been given to Bijarniya as of now. Congress Parliamentary Party chairperson Sonia Gandhi wrote a letter to the wife of late Haryana IPS officer, saying the incident “reveals that even the highest-level officers can be denied social justice on account of discriminatory attitude”.

“The passing away of Mr Y Puran Kumar reveals that even the highest-level officers can be denied social justice on account of the discriminatory attitude and the preconceived notions of the powers that be. Crores of Indians stand with you in your fight for justice,” she wrote.

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Mumbai Press Exclusive News

Crores of rupees were defrauded in the name of government jobs, the accused was arrested from Delhi… The accused had received money from hundreds of unemployed people

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Mumbai: The Mumbai Economic Wing has claimed to have arrested the accused in a case of cheating in the name of getting government jobs in the central and state governments in several districts of Maharashtra. Santosh Ganpat, a businessman from Navi Mumbai, filed a complaint that the accused Nilesh Kanshi Ram Rathore had charged him Rs 5 lakh for a government job and Rs 5 to 15 lakh for medical tests and appointment letters. The EOW has registered a case against him because he has cheated him of Rs 2.88 crore by promising him a job and during the investigation it was revealed that he has cheated him of Rs 10 crore. The Economic Wing has formed a team to arrest the absconding accused and searched him in Akola and other areas. The accused cheated hundreds of youths for recruitment in RCF in 2022. His complaint was filed with the EOW. The EOW received information that the accused was trying to escape from Delhi, on which the police arrested him from Delhi. The accused has been booked in Mumbai EOW and Pune Deccan. A criminal case has been registered and further investigation is underway. This operation has been carried out under the leadership of EOW chief Nisht Mishra.

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Mumbai Press Exclusive News

ANC action, drugs worth crores seized, 6 arrested

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Mumbai: The Anti-Narcotics Cell has claimed to have arrested six drug smugglers, including a Nigerian, including a Nigerian, including MD and Natropum tablets worth Rs 7.01 crore, during operations at various locations in Mumbai. 523 grams of cocaine, worth Rs 5.23 crore, was seized from a Nigerian in Vakola, Mumbai. Five accused were arrested in raids conducted in Ghatkopar, Kurla CST, Mazgaon, tardeo, Borivali areas, from whose possession Mephedone MD worth Rs 54.65 lakh was seized. These are part of five inter-state drug gangs. Other drugs including Natropum tablets were also seized in this operation. This operation was carried out by DCP Nunath Dhule on the instructions of the Mumbai Police Commissioner.

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