Centre May Appoint A Committee To Reconsider Execution By Hanging: AG Informs Apex Court

The Supreme Court today, in a Public Interest Litigation seeking a painless end for death convicts, recorded the statement of Attorney General R. Venkataramani that the government may appoint a committee to consider the issue. The Court adjourned the matter on the request of the Attorney General and posted the matter after vacation.

The Bench of Chief Justice DY Chandrachud and Justice J.B. Pardiwala asked the Attorney General who was present in court before the matter was called, about the Government's stand in the matter and whether the matter will take time if it is to be heard. Venkatramani submitted that "we want to convey that in fact, the government is in the process of appointing a committee and that they are deliberating it". The AG requested the Court to either adjourn the matter for a week or put it up after vacation so that he can come back with a response.

The CJI suggested that the matter be kept after the summer vacation so that there is a clear picture of the stand of the government and said that the Court will record the AG's statement that the matter is under consideration. The Court in its order recorded that the AG has submitted that the Government is considering the appointment of a committee on the issue and listed the matter after vacation.

On the last date of the hearing, the plea was adjourned for the parties to explore the best method available based on medical science and technological advancements. The bench had asked Rishi Malhotra, the petitioner, to take time to explore and gather data available on the subject.

The Court had suggested that it should have better data from India and overseas on what is the impact of death by hanging in terms of pain etc. and to look at the matter from technological and scientific points of view. The Court also suggested the formation of a committee with any 2 NLUs, including eminent people from NLU Delhi and some doctors from AIIMS to have perspectives on alternate methods of executing the death penalty.

On October 6, 2017, the then Chief Justice Dipak Misra observed that "the legislature can think of some other mode by which a convict who, in law, has to face the death sentence should die without pain. It has been said for centuries that nothing can be equated with painless death And that is, possibly, the dignity in death."

The petition filed under Article 32 of the Constitution of India calls into question the constitutional validity of Section 354(5) of the Code of Criminal Procedure, 1973. As per the petition, it does not challenge the imposition of the death penalty but only challenges the method of carrying out the death penalty.

Cause Title: Rishi Malhotra v. Union of India [W.P.(Crl.) No. 145/2017]