SC quashes 'faulty' death penalty of couple who killed seven

New Delhi: The Supreme Court on Wednesday quashed the execution warrants of a young woman and her lover, convicted for killing seven members of her family including a 10-month-old baby in Uttar Pradesh in 2008, saying it was issued “in haste” by giving a go-by to mandatory guidelines. [caption id=“attachment_2265582” align=“alignleft” width=“380”] Supreme Court. PTI[/caption] The apex court said the Sessions Judge of Amroha issued the warrants for execution of death sentence on 21 May “in haste”, just six days after confirmation of conviction and capital punishment, without waiting for mandatory 30 days to allow the convicts to avail judicial remedy of filing petitions for a review of the 15 May judgement. The convicts, Shabnam and her lover Saleem, could also approach the Uttar Pradesh Governor with mercy petitions after exhausting the legal remedies, it noted. “We find that the death warrant was signed by the Sessions Judge in haste without waiting for the convicts to exhaust the available legal remedies,” a bench comprising Justices A K Sikri and U U Lait said while noting that there were judgements of both the apex court and the Allahabad High Court which mandated the authorities to follow certain guidelines to protect the “dignity” of the convicts. “Right to life under Article 21 of the Constitution does not end with the confirmation of the death sentence. The basis to the right to dignity also extends to the death row convicts. Therefore, the sentence of death has to be executed with total dignity. “That is why there are many judgements mandating the manner in which the death sentence has to be executed,” the bench said and added that “therefore the procedure prescribed by the Supreme Court and the Allahabad High Court for execution of death sentence is in consonance with Article 21”. Among the mandatory guidelines are that the death-row convicts have the right to meet their family members. The guidelines are intended to make the execution least painful. “We, therefore, direct the respondents (authorities) to follow the procedure and guidelines laid down in the judgements of the Allahabad High Court and the Supreme Court. “We set aside the warrants issued by the Sessions Judge on 21 May for the execution of the death sentence,” the bench said. In the order, the apex court noted that the jail superintendent, Moradabad, where Shabnam is lodged, returned the warrant by pointing out that the Sessions Judge has not fixed the date and time for execution of the death sentence. Saleem is lodged in Agra jail. Uttar Pradesh Government agreed that the warrants were faulty as the mandatory guidelines were not followed. Additional Solicitor General Pinky Anand, appearing for the Centre, also assured the apex court that the rules and guidelines for execution of death sentence would be strictly followed. Shabnam’s counsel and senior advocate Anand Grover submitted that a review petition would be filed and the latest apex court verdict has said it should be heard in open court by giving an opportunity to death row convict to make out a case for commuting the punishment through oral submissions. Taking on record the submissions, the bench said “the death row convicts have the right to file review petitions and after all legal remedies are exhausted, they can approach the Governor or the President with the mercy plea”. The Supreme Court on 1 May had upheld the conviction and death penalty of the couple and 14 days later, delivered a detailed judgement for dismissing the appeal filed by the convicts. In 2013, Allahabad High Court had upheld the death sentence to the couple awarded by a sessions court in 2010. Saleem and Shabnam were having an affair and wanted to get married but their relationship had met with stiff opposition from the woman’s family. On 15 April, 2008, Shabnam’s entire family, including a 10-month-old baby, was murdered with the woman initially pretending that her house in Amroha district of UP was attacked by unidentified assailants. It came to light during investigation that she had abetted Saleem in the crime as she made her family members drink milk laced with sedatives before the attack and thereafter, herself throttled her infant nephew. PTI