Supreme Court on in its recent judgment said that the execution of death sentence cannot be carried out in a hurried and secret manner. A bench of justices AK Sikri and UU Lalit of the Apex Court observed that proper procedure must be followed by Government authorities and execution cannot be done till the convict exhausts all remedy available to him to save his life.
Supreme Court, while quashing 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, noting that it was issued “in haste” by giving a go-by to mandatory guidelines.
Holding that, the death convicts cannot be denied fundamental right to life, observed that Government cannot hang condemned prisoners without giving him prior notice and allowing him to meet family members.
“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 judgments 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”.
Apex court further observed that right to life does not end with the confirmation of the death sentence observing that the basis to the right to dignity also extends to the death row convicts. In the given case Apex Court observed that the death warrant was signed by the Sessions Judge in haste without waiting for the convicts to exhaust the available legal remedies.