Friday, October 13, 2006

Capital punishment: If Circumstances demand, can be reverted.....?

History is evident to the fact that instances have been there when an accused turned convict ,was proved and declared innocent after a lapse of some decades. Under similar circumstances if an accused who has been hanged is proved to be innocent some time after the capital punishment has been awarded and executed, can in any way the misact of the mishap be reverted? On one hand where there is no scarcity of cases when the police have deliberately left flaws to let the criminals go scottfree, cases are there when the innocent were framed for vested interests. Right to life being a fundamental one ,comes under the compass coverage of human rights also .Moreover only the almighty is empowered to take life. Generally it has been observed that the culprit is not hanged for the crime he has committed but due to the aggressive public opinion that forms against the commission of crime.and that depends on the version of the police and the presentation by media .A mercy petition before the President of India, if remains unheard for four years, becomes convertible for life term imprisonment. Under the practice ,in the corrupt system ,adopting delay tactics , the manipulators make use of the provision, get the capital punishment converted into life term which is generally adjusted against the period they have already been in jail and hence discharged making a mockery of the law. For those who deserve capital punishment only , it should be life imprisonment till death and not one of the kind that ends in 10-12-14 years due to the provisions of law. During this period, there should be allowed no parole no holiday, whatsoever.

S. K.Mittal

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