The hanging of Nirbhaya’s convicts has been postponed once again. It has once again challenged and asked law experts to find ways to deal with such a situation. Although all this has been done according to the set rules of the judicial system of the country, yet the common citizen is seeing it as an abuse of law. There is a solid reason behind this thinking. Society is ignorant of the technical aspects of justice. He can see that this is the third time that he has been banned after all the preparations for the execution. The first death warrant for the four convicts was issued on January 7, 2020 and an order for execution was executed on January 22 at seven in the morning, but could not be executed due to the pending mercy petition of a criminal. The second death warrant was issued on January 17, which was to be executed at six in the morning of February 1, But on 31 January, the court stayed the execution indefinitely. After the removal of the legal haze, the death warrant was again issued on 17 February and the order of hanging was made at 6 am on 3 March. All preparations were made for this, but the court once again stayed the execution of the culprits until further orders.
Six people pleaded with Nirbhaya on the night of December 16, 2012. He died on 29 December 2012 during treatment due to fatal wounds. The trial court’s decision came in nine months and five convicts were hanged in September 2013. An appeal was made by the culprits and an endless process of complicating the trial began. Sometimes in the name of right of appeal, sometimes curative petition, sometimes through reconsideration petition, all efforts were made to delay it. After this, by using mercy petition and other protective shells, he has been able to delay the death sentence for almost two months. According to jurisprudence, everything is part of the normal process. This is part of the system of ensuring justice. It has to do this, So that no director is punished. In the case of capital punishment, even more caution is required. After hanging, one’s life cannot be returned. The demand for justice is that it is necessary to be fully convinced before the death penalty. A single human mistake can destroy centuries of credibility of the judicial system. Social credit is the biggest capital of the courts and the biggest challenge for them is to protect it.
Like ordinary citizens, the judge realizes that the legal process is being misused. This may have been the reason that the lawyer for the Additional Sessions Judge Dharmendra Rana was requested to stop the execution by giving a fresh application, the judge gave a warning saying that you are playing with fire. Judges cannot act on the basis of personal recognition, so they are bound to order according to empirically proven rules. The ordinary citizen has no meaning in court compulsions. His memory is limited to that trial. In such cases he does not even care about lofty principles of human rights. Many of them may even be supportive of hanging the culprits at the crossroads. But the court cannot do this. He has to follow his own path.
Despite the court’s own dignity, public sentiment cannot be ignored in a democracy. Therefore, the process of removing the loopholes of the law goes on continuously. This is the reason why the Central Government has taken the initiative to remove these deficiencies. The government has filed a petition before the Supreme Court on January 22, 2020 requesting the court to amend the guidelines given in Shatrughan Chauhan v. Union of India. On January 21, 2014, the Supreme Court issued guidelines regarding the death penalty. Apart from the necessary guidelines for the protection of human rights of a criminal, it also states that there must be a gap of at least 14 days between the executioner after the last legal option.
The government has said that seven days is enough time for hanging. It has also been requested by the Supreme Court that the court fix the time limit for curative petition, reconsideration petition and mercy petition before the President in these cases. When there are many criminals in the same trial, no one can be punished separately until all the cases of the culprits are settled. Defense lawyers often misuse this rule. Curative petitions and mercy petitions are filed on behalf of different convicts with a strategy to delay the execution of the sentence. The Central Government has sought help from the court to overcome this legal deficiency.
It is an old saying that whoever misuses his authority is cursed to be deprived of that right. Sooner or later, that facility is taken away from him. Even in cases of capital punishment, it seems that everything is moving in this direction. Now people are freed from the misuse of legal process by criminals. The courts are also beginning to feel the need to improve it. They feel that criminals have started abusing the law on their own free will. Most judicial reforms begin under similar circumstances. The Supreme Court has also agreed to consider the petition of the Central Government. It is expected that another legal reform will be initiated through Nirbhaya.