New Delhi: The home ministry may reject the law commission’s recommendation for abolition of death penalty, maintaining that time was not ripe yet to remove it completely from the statute book keeping in mind the threat from terrorism.
According to sources, Union home secretary Rajiv Mehrishi and other senior officials had detailed discussions on the law commission’s report supporting abolition of death penalty except in terror-related cases. “Discussions within the ministry as well as with the law ministry are continuing and a final decision is expected to be taken this week. In all probability, the recommendation for abolition of death penalty will be rejected,” a senior home ministry official said.
Officials are of the opinion that time has not come yet to do away with capital punishment as terrorism threat to India continues, sources said. In its report, the commission recommended by a majority “swift” abolition of the death penalty except in terror cases.
The recommendation by the 9-member law commission on death penalty was not unanimous, with one full-time member and two government representatives dissenting and supporting retention of capital punishment.
Two government appointees on the law panel — ex-officio members P.K. Malhotra (law secretary) and Sanjay Singh (legislative secretary) had given their dissent notes. Besides them, Justice Usha Mehra (Retd.), a permanent member of the panel too had opposed it.
A copy of the report was also submitted to the Supreme Court by the Commission as the apex court had asked the panel to examine the issue. In 1967, the Commission in its 35th report had supported continuation of death penalty. Registering his dissent, Law secretary Malhotra had said Parliament in its wisdom has prescribed death penalty only in heinous crimes.
“The need of the hour is to retain it. We have a vibrant judiciary which is respected world-over. We should have faith in the wisdom of our judges that they will exercise this power only in deserving cases for which the law is well laid down in various judgements”, he said.
