Since 2007 both India and Germany has been negotiating to sign the Mutual Legal Assistance Treaty in criminal matters but has not been able to reach a conclusion due to Berlin’s strong reservation to the provision of death penalty in Indian law.
Officials are of the opinion that time has not come yet to do away with capital punishment as threat of terrorism to India continues.
The experts also welcomed the decision to reduce the number of crimes subject to death penalty by China.
Sudden decision on Guru was purely political, says former Delhi High Chief Justice.
The Uphaar judgment shows there are lacunae in understanding the basic premises of the rule of law.
Law Commission provides a frail reason for carving out the terror exception vis-a-vis the death penalty.
Differentiating between terror and other cases for death penalty is unsustainable.
It would be interesting to see what how the Supreme Court responds to the Commission’s view with regard to “rarest of rare” doctrine.
Union Law Secretary P K Malhotra said that if ‘implications’ keep getting waived, then law would ‘cease of exist’.
In its 272-page draft report, the commission favoured speedy abolition of the death penalty from the statute books, except in cases where the accused is convicted of involvement in a terror case or waging war against the nation.
Nation after nation has abolished the death penalty. India must summon the moral courage to follow them.
India is one of 59 countries where the death penalty is still awarded by courts. More recently, the issue was debated in the run-up to the July 30 hanging of Mumbai blasts convict Yakub Memon.
The report assumes significance as it comes days after a debate was generated over the hanging of Mumbai serial blasts convict Yakub Memon.
The Supreme Court says provision required as terrorist activities acquiring menacing dimensions.
Leader of the Opposition Sudip Roy Burman (Congress) quoted Mahatma Gandhi as saying, “Only God gives us life and no other has the right to kill anybody”.