SC to review practice of summary proceedings

Source:- timesofindia.indiatimes.com

NEW DELHI: The Supreme Court passes one line order —”Delay condoned. Dismissed” — in numerous civil and criminal cases, but it leaves death row convicts in the lurch as they lose the final legal battle for life in the last court of appeal without knowing the reasons.

The practice of summary proceedings on petitions of death row convicts has now come under judicial scanner with the Supreme Court agreeing on Thursday to hear a plea filed by three condemned prisoners seeking its direction that a detailed and reasoned order should be passed in such cases. There are at least nine cases since 2004 in which the apex court passed such orders, containing just three words, while dismissing the plea of convicts and virtually leaving them with no ground to challenge the order to seek remedy through recall and review petitions.

A vacation bench of Justices D Y Chandrachud and Sanjay Kishan Kaul said the issue raised by the petitioners is “very important and serious” and it needed to be examined. The court said the plea would be examined by a three- judge bench after the summer vacation in July.

Senior advocate Salman Khurshid, appearing for the petitioners, contended that the Supreme Court should frame guidelines to ensure that a detailed hearing was granted by the court and the appeal of death row convicts was not dismissed in limine (at the threshold).

He also submitted that original records of the trial court should be called and it should be provided to the lawyer defending the convict, particularly in the present case when a lawyer from legal aid was provided to defend them.

Informing the court that the mercy plea of the petitioners has been rejected by the President, Khurshid pleaded the court to stay execution of the death sentence.

The bench, however said there was no need to pass order as the Supreme Court registry immediately informs the jail authorities whenever petition is filed by condemned prisoner to prevent execution of the sentence. It granted him permission to approach the court if death warrant was issued during the pendency of the case.

The petitioners – Jeetu (24), Babu alias Ketan (30) and Sunny alias Devendra (27)-had challenged the MP HC verdict of death sentence but it was dismissed by the apex court in January 2015 with the one- line order. They have now approached the court with a fresh hope of being heard again after the President rejected their mercy plea on May 25.

They were awarded death sentence for rape and brutal murder of a five-year-old girl in June 2012 in Indore. They had abducted the girl from a marriage procession and stoned her to death after raping her.

The SC has in recent years passed a slew of directions to ensure proper hearing on appeal filed by death row convicts. It had in 2014 amended the Supreme Court Rules which provided that “every cause, appeal or other proceedings” in a death penalty case would be heard by a bench of not less than three judges.