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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.

Maharashtra

Mumbai: 32-Year-Old Woman Dies By Suicide In Santacruz; Partner Takes Body To Parents’ Home

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Mumbai: A 32-year-old woman, identified as Farhana Khan, allegedly died by suicide after hanging herself from a ceiling fan at her residence in the Davri Nagar locality of Vakola, Santacruz East, on Monday afternoon, police said.

According to officials, following the incident, Khan’s live-in partner did not inform the police or seek medical help. Instead, he transported her body to her parents’ home, as reported by news agency PTI. The Vakola police have registered a case and are investigating the circumstances surrounding the incident. Further details are awaited.

In another tragic incident of suicide in the city, a 34-year-old man was found hanging at his residence in Andheri West on Monday. The deceased has been identified as Manish Thombare, who worked with a private company and lived in Sai Baba Society, Gaondevi Dongari.

According to DN Nagar police, the incident occurred between 11:30 pm. on Sunday and 11:30 am on Monday. Thombare lived with his brother and sister-in-law. He had gone to sleep in an upstairs room, and when he failed to come downstairs the next morning, his brother went to check on him and found him hanging from the ceiling fan with a saree.

He was immediately rushed to a nearby hospital, where doctors declared him dead. His body was later sent to Cooper Hospital in Vile Parle (West) for a post-mortem examination. Preliminary investigations suggest that Thombare was suffering from depression due to family issues. He was married in 2022 but got divorced four months ago. He had no children. An Accidental Death Report (ADR) has been registered, and further investigation is underway.

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National News

Supreme Court Cancels Bail Of Chhota Rajan In 2001 Mumbai Hotelier Murder Case

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New Delhi: The Supreme Court on Wednesday cancelled the bail of mafia don Rajendra S. Nikalje, alias Chhota Rajan, in the 2001 sensational murder of Mumbai hotelier Jaya Shetty.

A Bench of Justices Vikram Nath and Sandeep Mehta allowed the special leave petition (SLP) filed by CBI (Central Bureau of Investigation) challenging a Bombay High Court’s order granting bail to Chhota Rajan and suspended his life sentence.

The Justice Nath-led Bench noted the submission of Additional Solicitor General (ASG) S.V. Raju, who appeared on CBI’s behalf, that Chhota Rajan stood convicted in four other cases and remained absconding for around 27 years.

After a Special MCOCA Court convicted Rajan and others in the sensational murder case and handed him his second life sentence in nearly nine years, Rajan filed an appeal before the Bombay High Court.

In October last year, a Bench of Justices Revati Mohite-Dere and Prithviraj K. Chavan suspended the sentence pending disposal of the criminal appeal and ordered his release on bail. However, Rajan could not avail the benefit of bail as he is already serving a life sentence in New Delhi’s Tihar Central Jail for the 2011 daylight murder of crime journalist Jyotirmoy Dey at Powai.

The Shetty murder case was among the dossier of 71 major offences that were handed over by the CBI to the Indonesian government after Rajan was nabbed in the tourist haven of Bali and subsequently deported to India in November 2015.

Shetty, the owner of the Golden Crown Hotel in south Mumbai, was shot dead by two gunmen on May 4, 2001, with the hit ordered by Rajan, a bitter rival of the absconder terrorist don Dawood Ibrahim Kaskar, triggering a huge sensation in the hospitality and political circles.

After the long trial, the Special MCOCA Court Special Judge A. M. Patil found Rajan guilty and sentenced him to life in jail, along with the other accused, Rahul Pansare, Ajay Mohite, and Pramod Dhonde.

Shetty had become a victim in an alleged extortion case and had been provided with police security, which was withdrawn a couple of months before he was targeted and killed.

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Maharashtra

Mumbai: Red Paint Thrown At Meenatai Thackeray’s Statue At Shivaji Park; Raj Thackeray Visits Site, Uddhav Expected Soon

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Mumbai: Political tensions emerged at Dadar’s Shivaji Park on Wednesday after miscreants threw red paint on bust of Meenatai Thackeray’s- Shiv Sena founder Balasaheb Thackeray’s wife. The bust is located at the entrance of the park. Shiv Sena (Uddhav Thackeray) workers reached the spot and removed the paint. The incident took place early morning. By afternoon, Sena UBT workers put garlands on the Meenatai’s bust after cleaning it.

As per locals, there is a security guard always deployed 24/7 at the park and expressed surprise at the incident. MNS Chief Raj Thackeray, who resides in Dadar’s Shivaji Park, went to the site of the desecration after being made aware of the incident and took stock of the situation. As per locals, Shiv Sena (UBT) chief Uddhav Thackeray will also visit Shivaji Park later in the afternoon.

As per reports, CCTV footage from the area shows a person near the statue around the time of the incident. Investigations are underway to establish the identity of the individual. No formal complaint with the police has been registered so far.

The iconic Shivaji Park ground holds historic importance, socially as well as politically. The park also houses late Balasaheb Thackeray’s memorial next to Chhatrapati Shivaji Maharaj’s statue inside the ground.

As per the tradition, the ground will hold Shiv Sena UBT’s Dussehra melave next month.

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