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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