Justice for Jyoti Singh

Justice for Jyoti Singh was delivered on 20/3/2020 to a large extent as four rapists and murderers were hanged at Tihar Jail. It was not full because one criminal escaped justice and was not hanged on the ground that he was juvenile at the time of crime.
It took seven years, three months and four days for Jyoti Singh to get justice. Their hanging was set for 22/1/2020. Then it was postponed to 1/2/2020. On 31/1/2020, hours before hanging was to take place, hanging of 4 convicts was stayed indefinitely. Again on 2/3/2020, hours before hanging was to take place 3/3/2020, hanging of 4 convicts was stayed indefinitely. As hanging got delayed many people appreciated Hyderabad model where police had finished four persons caught for rape and murder of Priyanka Reddy in an encounter in two days. Then it was set for 20/3/2020. There were reports that criminals had appealed to International Court of Justice and National Human Rights Commission. On the night of 19/3/2020 lawyer of criminals approached Delhi High Court to stop the execution. Then he approached Supreme Court which rejected the appeal around 3.30 a.m. on 20/3/2020 just two hours before execution.
The long process exposed loopholes in Indian judicial system. Corrective measures are to be taken.
Courts should not function outside working hours on working days. Lawyers who approach courts outside such times should be punished by twenty years imprisonment.
Criminals sentenced to death for the same crime can be executed separately. No need to execute them together. Rule of executing together was used by criminals to delay justice.
Review petition should be done away by Supreme Court itself or by amending the Constitution. Till that is done review petition has to be filed within ten days of verdict. Delay in filing review petition should not be condoned.
There should be no curative petition. Constitution does not mention curative petition.
Mercy petition disposal should be quick. Now the mercy petition from President goes to Union Home Ministry for advice which sends it government of state or union territory for opinion. There is no time limit for this process. This should change. President should be free to reject any mercy petition on his own. If he thinks mercy is needed he should forward it to Home Ministry or to government of state or union territory. Their advice or opinion should reach the President within ten days. In case of no advice or opinion death penalty should proceed.
A criminal should be allowed only one mercy petition. Once the President rejects mercy petition it should be end of the matter. There should be no appeal against rejection of mercy petition. Any lawyer who approaches any court challenging the rejection of mercy petition should be sentenced to death or fifty years imprisonment.
Once mercy petition is rejected execution should take place soonest. If hanging is not possible then criminal should be shot in the head, beheaded or blown up or executed in some other way. No need to inform anyone about date and time of hanging.
If President accepts mercy petition and pardons the criminal or commutes death sentence to life any person should be able to challenge pardon or commutation in Supreme Court. If Supreme Court decides pardon or commutation was unjustified, execution should take place.

Updated: March 21, 2020 — 11:09 am

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