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  1. #161
    Senior Member CnCP Legend Mike's Avatar
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    Delhi rapist-murderer cites pollution in death row appeal

    AFP

    One of four Indian men on death row over the infamous 2012 Delhi gang-rape and murder appealed against his sentence on Tuesday citing pollution.

    Akshay Kumar Singh was one of a group of men who gang-raped a 23-year-old woman on a bus in India's capital late at night in December seven years ago.

    Her case and death -- 12 days later from extensive internal injuries -- sparked national protests and international horror, and became synonymous with India's high rates of sexual violence against women.

    Filed through his lawyer, the now 31-year-old said in his review petition to the Supreme Court that the air quality in New Delhi was like a "gas chamber" and its water "full of poison".

    "Everyone is aware of what is happening in Delhi-NCR (national capital region) with regard to air and water. Life is going to be short, then why death penalty?" the petition added.

    Akshay is the final defendant out of four given the death sentence in the case to file a review petition before India's top court. It too was expected to be rejected.

    Media reports this week said that the men could be hanged before the end of the year, and possibly on December 16, the anniversary of the attack.

    Some reports said that Tihar prison, where they are incarcerated, has held a dummy execution to test the gallows and that special ropes are being brought from elsewhere.

    A Tihar prison official told AFP that they had no knowledge of any such preparations, however.

    Every winter Delhi is shrouded for months in a toxic smog that experts say is shortening the lives of the megacity's 20 million inhabitants.

    The pollution appeal comes shortly after another Indian woman was gang-raped and murdered last month, sparking protests and calls for reform of the country's notoriously slow legal system.

    https://news.yahoo.com/delhi-rapist-...151252861.html
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  2. #162
    Senior Member Frequent Poster Shep3's Avatar
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    Looks like the Delhi rapists/killers will be hanged January 22 7am local. Good riddance I’ve always loved India for its wildlife, culture, and history and to see scum like this tarnish its good name and worse yet cause such suffering to an innocent girl I spit on these animals and hope the hanging is botched and they strangle or decapitate.

  3. #163
    Senior Member CnCP Legend Mike's Avatar
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    Capital punishment in India is an extremely token tool, only used on famous cases at this point.
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  4. #164
    Senior Member Frequent Poster Shep3's Avatar
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    Which is a shame it wasn’t always that started in the late 1970’s for my research they used to hang them more frequently right after independence. Personally I hope that with a clear shift in the electorate to a much more conservative bend that India will reform it courts to move more quickly and more aggressively.

  5. #165
    Moderator Ryan's Avatar
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    In the era of capital punishment, China tops the list in executions. Averaging 4,000 executions annual, most go unnoticed. In Iran, hangings are almost a daily occurance except for the wholly month of Ramadan where an average of 1,000 men, women and juveniles are hanged. Iraq hangs a few hundred a year. Saudi Arabia who leads the way by beheading, carried out 184 executions in 2019. Japan hangs very rarely but continues to do so.

    The United States which has a vast number on its death row units throughout the country, carried out 22 executions in 2019. 25 were carried out in 2018. The decline has resulted in the smallest number to date since the 1990's.

    Europe which hosts Belarus as its main country for executions has executed 3 in 2019 and 4 in 2018.

    Many African countries, such as Nigeria, Egypt, Somalia to name a few, carry out executions by hanging.
    "How do you get drunk on death row?" - Werner Herzog

    "When we get fruit, we get the juice and water. I ferment for a week! It tastes like chalk, it's nasty" - Blaine Keith Milam #999558 Texas Death Row

  6. #166
    Senior Member CnCP Legend Mike's Avatar
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    The party that is running India isn't the problem, they are as right wing as you can get over there. Also the president of India refuses almost every mercy petition he is given. Its the judiciary they throw out a large majority of sentences and always stop executions from happening. The government doesn't appoint judges onto higher benches over there its the judges themselves that do.
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  7. #167
    Senior Member Frequent Poster Shep3's Avatar
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    Which is why I’m hopeful since modi is making big changes to Indian law (CCP, & Kashmir losing special status for starters) that soon he will have his majority change the laws governing the judiciary to make them all political appointees who answer to him and the BJP.

  8. #168
    Senior Member CnCP Legend Mike's Avatar
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    Horrible Idea what's to stop the left from doing the same or the communist party if they ever take over?
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  9. #169
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    They will never take over the community party in India is a dying beast with few bastions left and the congress party while not my favorite people are not going to push anti DP hard like other left leaning parties they know India will never fully abolish capital punishment

  10. #170
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    When death warrants don’t mean death

    By Murali Krishnan
    Hindustan times

    All the six death warrants issued in 2019 by various courts across the country were eventually stayed or quashed by the Supreme Court or high courts, said an annual statistics report published on Friday by Project 39A at National Law University, Delhi.

    A death warrant sets a date for the hanging of a death row convict and is one of the final steps in the execution of a convict. It is usually issued after a convict has exhausted all legal remedies.

    Of the six death warrants issued in 2019, one was quashed by the Supreme Court on the grounds that all remedies available to the convict under the law had not been exhausted, the report said. Three other death warrants were stayed by the top court on the same grounds.

    Of the remaining two death warrants, one was quashed by the Bombay high court on the grounds that it was issued ex-parte. The Bombay high court also went on to commute the death sentence of both the convicts to life imprisonment.

    One death warrant was stayed by the Madras high court on the grounds that the death warrant was not served on the petitioner and that the right of the petitioner to file a mercy petition before the governor was still pending.

    The report came at a time when a death warrant issued against the 2012 Delhi gang-rape convicts has come under the scanner over purported violation of the law laid down by the Supreme Court and the Delhi prison manual, thereby casting a shadow on the efficacy of the process of sending a person to the gallows.

    A Delhi court on January 7 issued a death warrant against the four convicts in the 2012 Delhi gang-rape case, Mukesh, Akshay, Vinay Sharma and Pawan Gupta, and set January 22 as the date of their hanging. This warrant was issued despite the fact that two of the convicts, Akshay and Pawan, had not yet filed their curative petitions before the Supreme Court. Further, three of them have also not availed the right to file mercy petitions before the President.

    On January 17, the court issued a fresh death warrant resetting the date of hanging as February 1.

    Legal experts questioned the correctness of the death warrant, which they said cannot be issued before a convict exhausts all his legal remedies.

    “The convicts can file mercy pleas before the President, which again must be decided before the death warrant can be executed,” said senior advocate Rebecca John.

    “This death warrant is in blatant violation of the Delhi prison manual which is explicit that the sessions court cannot issue a death warrant until the mercy plea is rejected. This also disregards the Supreme Court decisions in Shabnam vs Union of India and

    Shatrughan Chauhan vs Union of India,” said Dr Anup Surendranath, assistant professor at National Law University, Delhi and executive director at Project 39A.

    The report by Project 39A also throws light on other aspects concerning death sentences. The proportion of cases involving sexual offences in which death sentence was imposed in 2019 was the highest in the last four years.

    Trial courts in the country imposed 102 death sentences in 2019. Of these, the proportion of cases involving sexual offences stood at 52.94% (54/102), the highest since 2016 when the university first started tracking death penalty cases.

    The report states the proportion of death sentences for sexual offences by sessions courts has been steadily increasing since 2016. It was 18% in 2016, 39.81% in 2017 and 41.35% in 2018.

    High courts in 2019 confirmed the highest number of death penalty cases (26 persons and 15 cases) in four years, with 65.38% of these cases involving sexual offences.

    The Supreme Court in 2019 pronounced the highest number of decisions (27) in death penalty cases since 2001, which the report says can be attributed to the listing priority given by former Chief Justice of India Ranjan Gogoi to death penalty cases. The 27 cases in the Supreme Court involved six confirmations, 17 commutations, three acquittals and two being remanded for fresh trial.

    Ten people were acquitted of all charges in the three acquittals, where the Supreme Court highlighted the lackadaisical nature of investigation and mala fide prosecution. They had served a maximum of 13 years on death row.

    Of the 17 commutations, eight were eligible for remission after 14 years, three were sentenced to a fixed term of 25 years, two others for 30 years’ fixed term and four persons for imprisonment for natural life with no possible release.

    The report also pointed out a case in which the top court ordered a fresh trial on the grounds that a fast-track trial within 13 days meant that the accused had not received a fair trial.

    In two cases from 2012 and 2015, the Supreme Court invoked the policy considerations underlying the 2019 POCSO amendments to confirm the death sentence.

    There were 378 prisoners on death row in India as of December 31.

    https://www.hindustantimes.com/india...LeGFL8k6L.html
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

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