Slava Novorossiya

Slava Novorossiya

Saturday, January 26, 2013

HAPPY 63RD ANNIVERSARY OF THE SUPREME COURT OF INDIA



To celebrate the 63rd anniversary of the Supreme Court of India, I will post some information from Wikipedia and also from a news source on how the death penalty is used in the courts of India.




Established
26 January 1950
Country
India
Location
New Delhi
Coordinates
28.622237°N 77.239584°E Coordinates: 28.622237°N 77.239584°E
Composition method
Executive selection (Qualifications imposed)
Authorized by
Constitution of India
Decisions are appealed to
President of India for Clemency/Commutation of sentence
Judge term length
65 years of age
Number of positions
31 (30+1)
Website
supremecourtofindia.nic.in
Motto
यतो धर्मस्ततो जयः॥ Whence dharma, thence victory.
Chief Justice of India
Currently
Altamas Kabir
Since
29 September 2012
Lead position ends
28 September 2012(Month turning 01)
Jurist term ends
28 September 2012(Month turning 01)


The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India. According to the Constitution of India, the role of the Supreme Court is that of a federal court and guardian of the Constitution.

Articles 124 to 147 of the Constitution of India lay down the composition and jurisdiction of the Supreme Court of India. The Supreme Court is meant to be the last resort and highest appellate court which takes up appeals against judgments of the High Courts of the states and territories. Also, disputes between states or petitions involving a serious infringement of fundamental and human rights are usually brought directly to the Supreme Court. The Supreme Court of India held its inaugural sitting on 28 January 1950, and since then has delivered more than 24,000 reported judgments.

To learn more, click here.


Chief Justice Altamas Kabir

Referring to the death sentence upheld for Umesh Reddy on 2 February 2011 - “The extreme depravity with which the offences were committed and the merciless manner in which death was inflicted brings it [the crime] within the category of rarest of rare which merits the death penalty.” - Chief Justice Altamas Kabir
India's legal protocol to hang death row convicts
IANS / Wednesday, November 21, 2012 18:59 IST

External affairs minister Salman Khurshid on Wednesday said India had completed all legal protocols before Mumbai terror attack convict Ajmal Kasab was executed.

The protocol India follows before a death row convict is hanged if he/she has filed a mercy petition:

·         Trial Court: Finds the accused guilty, crime as the rarest of the rare cases and awards death penalty.

·         High Court: Admits appeal against trial court verdict, but upholds findings of the trial court and the sentence.

·         Supreme Court: Admits appeal against the high court judgment, but confirms findings of the rarest of the rare cases and sentence.

·         State Governor: Accepts mercy petition and forwards it to the union home ministry through the state home ministry.

·         Union Home Ministry: Considers the mercy petition and puts it up before the president with recommendation to reject.

·         President: Considers the home ministry recommendations and rejects the plea. Sends file back to the union home ministry.

·         Union Home Ministry: Sends the file to the state home ministry.

·         State Home Ministry: Executes the convict at convenient time and place.



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