NEW DELHI: Expressing its serious concern over the agonising effect that indefinite delays in the execution of a death sentence could have on a death row convict, the Supreme Court observed that such delays are often likened to a sword hanging over one’s head.The top court, passed these observations, after hearing a 2019 criminal appeal filed by the Maharashtra govt challenging the Bombay High Court’s order to commute the death sentence awarded to two men — Purushottam Borate and Pradeep Yashwant Kokade — to 35 years of jail sentence each, convicted for the brutal rape and murder of a Pune BPO employee in 2007.Moved by the indefinite and unexplainable delay, the SC said it would thereby have to pass some guidelines to put in place a guideline, ensuring that there is no unnecessary delay in the execution of convicts’ death penalty.”See a sword is hanging on your head till the time your (convicts) death sentence is not executed. So that sword is on your head, could fall anytime,” the apex court observed.A three-judge Bench of Justices Abhay Oka, and Justices Ahsanuddin Amanullah and Augustine George Masih, reserved the judgement after hearing from the respective parties.It suggested amd decided in framing guidelines to give a meaningful and complete effect to the enforcement and execution of death sentence.It is significant to note that Sections 413 and 414 of the Criminal Procedure Code/CrPC (and corresponding provisions under Sections 453 and 454 of the Bharatiya Nagarik Suraksha Sanhita/ BNSS) deals with enforcement and execution of death sentences.”For how long these convicts was under the constant fear of being hanged? What about Article 21 of these convicts? What is the explanation? There is something called Article 21 which is available to all. Even President took so much time to reject the pleas. Can we send them back to gallows now?” Justice Oka observed, and questioned the State of Maharashtra in this particular case.Talking about the instant case, the apex court said, the state Governor pronounced his decision on mercy petition after eight months of delay.Consequently, the Bombay High Court commuted the death sentence awarded to two convicts with a minimum of 35 years each to be actually served in prison. Challenging this, the Maharashtra government moved the apex court for appropriate directions and orders.
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