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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

Dehradun: ED files chargesheet against drug lord’s wife

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Dehradun, Dec 29: Presenting fresh evidence, the ED filed a third chargesheet before a Special Court (PMLA), Dehradun, naming the wife of a member of an international drug trafficking organisation in a case related to illegal assets, an official said.

Amarpreet Kaur Chawla, wife of Banmeet Singh, was named in the fresh set of charges filed on December 24 in the Special Court (PMLA), the official said in a statement.

During the investigation, the ED detected that many of the immovable properties bought by the drug trafficking organisation with Proceeds of Crime (POC) were registered in Amanpreet Kaur’s name.

“Based upon these findings, the ED has also issued a Provisional Attachment Order in this case for assets totalling Rs 9.68 crore on July 18, 2024, under the provisions of PMLA, 2002,” said the ED statement.

The ED initiated an investigation based on the Mutual Legal Assistance request by the US authorities invoking a unique provision of section 2(ra) of PMLA, 2002, implying an offence of cross-border implications.

The scheduled offences correspond to the NDPS Act. Two brothers, Banmeet Singh and Parvinder Singh, along with others, were operating an international drug trafficking group named the Singh DTO (Drug Trafficking Organisation).

“They used vendor marketing sites on the dark web, numerous free advertisements on clear web websites, and a network of narcotics and controlled substance distributors and distribution cells to sell drugs in the US, the UK and other European countries,” the ED said.

The Singh Organisation received the drug trafficking proceeds through sale on dark web markets, then laundered those proceeds through cryptocurrency transactions, the ED said.

Both brothers used monikers “Liston” on a variety of dark web markets, including Silk Road 1, Alpha Bay and Hansa, the ED said.

Till now, the ED in the earlier searches, seized 268.22 Bitcoins (approx.), equivalent to the value of Rs 130 crore, based on the information provided by Parvinder Singh, who is currently in judicial custody along with his brother.

Earlier, the ED filed Prosecution Complaints against the main accused Parvinder Singh and Banmeet Singh on June 24, 2024 and July 26, 2024, on which the Special Court (PMLA), Dehradun, has already taken cognisance on July 2, 2024 and July 27, 2024, respectively.

The Court has already framed the charges against Banmeet Singh through its order dated March 22, 2025.

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Crime

Navi Mumbai Crime: 34-Year-Old Man Duped Of ₹32 Lakh In JNPT Job Scam; One Booked

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Thane: A 34-year-old man from Navi Mumbai was allegedly cheated of Rs 32 lakh with a promise of a job at the Jawaharlal Nehru Port Trust (JNPT), police said on Monday.

The Vashi police have registered a case against Rishabh Rajesh Mhatre, a resident of Uran, under sections 318(4) (cheating) and 336(3) (forgery) of the Bharatiya Nyaya Sanhita (BNS), an official said.

He said that the fraud occurred between March and December 2024 when the alleged accused lured the complainant, a resident of Ulwe, with an offer for the post of “Export Assistant Manager” at JNPT, and created and presented forged documents related to the recruitment process.

Over several months, the complainant was coerced into paying a total of Rs 32 lakh in instalments, and the complainant realised he had been duped when the job did not materialise, the official said.

No arrest has been made so far, and a probe is underway, he added.

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Crime

‘This intervention sends a strong message’: Swati Maliwal welcomes SC’s decision staying suspension of Sengar’s sentence

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New Delhi, Dec 29: AAP Rajya Sabha member Swati Maliwal on Monday welcomed the Supreme Court’s decision to stay the operation of the Delhi High Court order that had suspended the life sentence and granted bail to expelled BJP leader Kuldeep Singh Sengar in the 2017 Unnao rape case, stating that the intervention sends a strong message that crimes against women and children will not be treated lightly.

Taking to social media platform X, Maliwal said: “Welcome the decision of the Hon’ble Supreme Court staying the High Court order granting bail and suspending the sentence of convicted MLA Kuldeep Sengar.”

“In a case marked by extreme brutality against a minor, justice must be uncompromising. This intervention sends a strong message that crimes against women and children will not be treated lightly,” she added.

In its order, a three-judge Supreme Court bench said: “We are conscious of the fact that when a convict or an undertrial has been released, such orders are not ordinarily stayed by this court without hearing such persons. But in view of peculiar facts, where the convict is also convicted for a separate offence, we stay the operation of the Delhi High Court.”

The bench, led by Chief Justice of India (CJI) Surya Kant and comprising Justices J.K. Maheshwari and Augustine George Masih, issued notice to Sengar in the Central Bureau of Investigation’s (CBI) plea and directed that a counter-affidavit be filed within four weeks.

The apex court clarified that Sengar will not be released pursuant to the impugned Delhi High Court’s order.

The CJI-led Bench agreed to examine the submission of Solicitor General (SG) Tushar Mehta, who argued that the Delhi High Court’s interpretation would mean a police constable could be treated as a “public servant” under the Protection of Children from Sexual Offences (POCSO) Act, while a member of the legislature would stand excluded.

Appearing for the CBI, SG Mehta said the Delhi High Court “erred” in concluding that a legislator would not fall within the category of a “public servant” for the award of sentence.

Placing on record the trial court’s conviction order, the Centre’s second-highest law officer highlighted that the victim was below 16 years of age — approximately 15 years and 10 months — at the time the offence of rape was committed on her.

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