As a growing frontline defender organization for protection of Human
Rights in India, 'TAHRIR'( Transparency, Accountability & Human
Rights' Initiative for Revolution ) welcomes Allahabad high court's
verdict on Surinder Koli's death sentence commuted to life
imprisonment.
'TAHRIR' believes that the death penalty is the ultimate denial of
human rights. It is the premeditated and cold-blooded killing of a
human being by the state. This cruel, inhuman and degrading punishment
is done in the name of justice. It violates the right to life as
proclaimed in the Universal Declaration of Human Rights. TAHRIR
opposes the death penalty in all cases without exception regardless of
the nature of the crime, the characteristics of the offender, or the
method used by the state to kill the prisoner.
We, at TAHRIR believe that there have been and always will be cases of
executions of innocent people. No matter how developed a justice
system is, it will always remain susceptible to human failure. Unlike
prison sentences, the death penalty is irreversible and irreparable.
We believe that the arbitrary application of the death penalty can
never be ruled out. The death penalty is often used in a
disproportional manner against the poor, minorities and members of
racial, ethnic, political and religious groups. The death penalty is
incompatible with human rights and human dignity. The death penalty
violates the right to life which happens to be the most basic of all
human rights. It also violates the right not to be subjected to
torture and other cruel, inhumane or degrading treatment or
punishment. Furthermore, the death penalty undermines human dignity
which is inherent to every human being. The death penalty does not
deter crime effectively. The death penalty lacks the deterrent effect
which is commonly referred to by its advocates. As recently stated by
the General Assembly of the United Nations, "there is no conclusive
evidence of the deterrent value of the death penalty" (UNGA Resolution
65/206). It is noteworthy that in many retentionist states, the
effectiveness of the death penalty in order to prevent crime is being
seriously questioned by a continuously increasing number of law
enforcement professionals. Moreover, Public support for the death
penalty does not necessarily mean that taking away the life of a human
being by the state is right. There are undisputed historical
precedences where gross human rights violations had had the support of
a majority of the people, but which were condemned vigorously later
on. It is the job of leading figures and politicians to underline the
incompatibility of capital punishment with human rights and human
dignity. It needs to be pointed out that public support for the death
penalty is inextricably linked to the desire of the people to be free
from crime. However, there exist more effective ways to prevent crime.
High Court Allahabad has commuted death sentence of Surinder Koli to
life imprisonment on the ground of "inordinate delay" in deciding his
mercy petition.A division bench comprising Chief Justice DY
Chandrachud and Justice PKS Baghel held that execution of Koli's death
sentence would be "unconstitutional in view of the inordinate delay"
in deciding his mercy petition.The order has come on a Public Interest
Litigation filed by NGO People's Union for Democratic Rights (PUDR)
which contended that the period elapsed in disposal of Koli's mercy
petition was "3 years and 3 months" and, as such, execution of death
sentence would be in violation of the Right to Life granted in Article
21 of the Constitution.A petition was filed later by Koli himself,
challenging the death sentence on the same ground as the one stated in
the PIL, has also been clubbed with it.The death sentence was awarded
to him by a special CBI court at Ghaziabad on February 13, 2009.The
PIL was filed on October 31 last year, three days after the Supreme
Court rejected Koli's recall application. The death warrant issued by
the trial court on September 2 had fixed September 12 as the date of
hanging, though its execution was stayed in view of the apex court's
decision to hear the recall application. Rejection of the recall
application had cleared the decks for execution of the death sentence,
but it was stayed by the high court on October 31 when it decided to
hear the PIL.After his appeal against the trial court order was turned
down by High Court on September 11, 2009 while co-accused and his
employer Moninder Singh Pandher was acquitted, Koli filed a petition
before the Supreme Court challenging his conviction which was
dismissed on February 15, 2011.Koli, thereafter filed his mercy
petition before the Governor of Uttar Pradesh on May 7, 2011, which
was rejected 23 months later, on April 2, 2013.The mercy petition was
thereafter forwarded to the Union Home Ministry on July 19, 2013 and
it was turned down by the President on July 20, 2014.The court had
agreed to hear the PIL disagreeing with the Centre's preliminary
objection that "the convict (Koli) had not filed a petition (at the
time of filing of the PIL) challenging the rejection of his mercy
petition"."The proceeding which has been instituted before this court
is not in the nature of an appeal on merits against the order of
conviction."The petition seeks to question the constitutionality of
the execution of the sentence of death in the present case, on the
ground of a delay on the part of constitutional authorities in
disposing of the mercy petitions," the court had said.
--
-Sincerely Yours,
Urvashi Sharma
Secretary - YAISHWARYAJ SEVA SANSTHAAN
101,Narayan Tower, Opposite F block Idgah
Rajajipuram,Lucknow-226017,Uttar Pradesh,India
Contact 9369613513
Right to Information Helpline 8081898081
Helpline Against Corruption 9455553838
http://upcpri.blogspot.in/
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