The Supreme Court on Thursday delivered a sharp critique of its own record on death-penalty commutations, observing that the court's "forgiving nature" in such cases was contributing to rising crime and would have to come to an end at some point.
A two-judge bench of Justices Dipankar Datta and Sheel Nagu made the oral observations while hearing a plea for premature release filed by a murder convict whose death sentence had earlier been commuted to life imprisonment. The convict had approached the apex court citing prolonged incarceration and satisfactory conduct in prison.
Rarest of rare, "now commutation has become common"
"Due to the forgiving nature of the Supreme Court in commuting death sentences, the country is witnessing an increase in crime. This has to come to an end somewhere," the bench said, adding: "Earlier, the rarest of rare doctrine was applied strictly. Now commutation has become common."
Justice Datta noted that death sentences were being commuted to life imprisonment on grounds such as delay, reformation, young age and other mitigating factors — and that this approach was now being taken for granted. The bench warned that such leniency could dilute the deterrent effect of stringent punishment and carry unintended consequences for law and order.
Leniency cannot automatically lead to early release
The bench stressed that commutation itself was an act of leniency and could not automatically become the basis for further leniency through early release. It expressed reservations about convicts seeking remission soon after their death sentences are commuted.
The court asked the state to place on record the actual period of incarceration undergone by the petitioner along with a detailed jail conduct report. It will examine whether premature release can be granted where a death sentence has already been commuted, and whether further remission would erode public confidence.
The matter has been posted for further hearing after the state files its affidavit. The observations were made orally during the hearing.
Sources:
Supreme Court says leniency in commuting death sentences 'has to come to an end somewhere — The New Indian Express
‘Supreme Court’s Forgiving Nature Must End Somewhere’ — The Free Press Journal
A two-judge bench of Justices Dipankar Datta and Sheel Nagu made the oral observations while hearing a plea for premature release filed by a murder convict whose death sentence had earlier been commuted to life imprisonment. The convict had approached the apex court citing prolonged incarceration and satisfactory conduct in prison.
Rarest of rare, "now commutation has become common"
"Due to the forgiving nature of the Supreme Court in commuting death sentences, the country is witnessing an increase in crime. This has to come to an end somewhere," the bench said, adding: "Earlier, the rarest of rare doctrine was applied strictly. Now commutation has become common."
Justice Datta noted that death sentences were being commuted to life imprisonment on grounds such as delay, reformation, young age and other mitigating factors — and that this approach was now being taken for granted. The bench warned that such leniency could dilute the deterrent effect of stringent punishment and carry unintended consequences for law and order.
Leniency cannot automatically lead to early release
The bench stressed that commutation itself was an act of leniency and could not automatically become the basis for further leniency through early release. It expressed reservations about convicts seeking remission soon after their death sentences are commuted.
The court asked the state to place on record the actual period of incarceration undergone by the petitioner along with a detailed jail conduct report. It will examine whether premature release can be granted where a death sentence has already been commuted, and whether further remission would erode public confidence.
The matter has been posted for further hearing after the state files its affidavit. The observations were made orally during the hearing.
Sources:
Supreme Court says leniency in commuting death sentences 'has to come to an end somewhere — The New Indian Express
‘Supreme Court’s Forgiving Nature Must End Somewhere’ — The Free Press Journal
