Death penalty: SC dismisses Centre’s plea to modify 2014 ‘convict-centric’ guidelines

The Supreme Court on Wednesday dismissed the Centre's plea seeking modification of its 2014 ‘convict-centric’ guidelines in death penalty cases to make them ‘victim-centric’.

"We do not find any merit in this MA (miscellaneous application)," a three-judge Bench led by Justice Vikram Nath said, dismissing the plea.

The Centre had moved the application in January 2020, contending the existing guidelines were only "accused and convict-centric".

On January 31, 2020, the top court had sought responses from various stakeholders, on whose petition the top court in 2014 laid down guidelines relating to the execution of death row convict Shatrughan Chauhan case.

The top court had clarified in January 2020 that the issue of conviction and sentence connected with the Shatrughan Chauhan case would not be altered while dealing with the Centre's plea.

The Centre had sought to emphasise that the death penalty was awarded in cases which shake the collective conscience of the court.

"All the guidelines provided...are accused-centric. These guidelines, however, do not take into account an irreparable mental trauma, agony, upheaval and derangement of the victims and their family members, the collective conscience of the nation and the deterrent effect which the capital punishment intends to make,” the Centre had said, seeking modifications of directions issued in 2014 in the Shatrughan Chauhan case.

The top court had earlier said that the 2014 case had attained finality as both the review and curative petitions had already been dismissed.

However, the Centre had argued that there was no time limit for availing the legal and constitutional remedies available to a death row convict.

“The court should now take into account the interest of victim and society and lay down the guidelines which are in furtherance of the already laid down guidelines for the accused," it had said, adding convicts of heinous crime were taking the "judicial process for a ride".

The Centre had sought fixing a seven-day deadline for execution of condemned prisoners after issuance of black warrant, amid the then delay in the hanging of the four death row convicts in the 2012 Nirbhaya gangrape-murder case. The hanging in that case was delayed due to filing of review, curative and mercy petitions over a period of several months, it had pointed out.