Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

Image
Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...
Post a Comment

Supreme Court Puts Order on Hold: Balwant Singh Rajoana's Mercy Plea to be Heard on November 25

Supreme Court Puts Order on Hold: Balwant Singh Rajoana's Mercy Plea to be Heard on November 25  


In a significant turn of events, the Supreme Court of India put on hold its earlier directive requiring the President of India to decide on the mercy petition of Balwant Singh Rajoana, a death-row prisoner convicted for the 1995 assassination of Punjab Chief Minister Beant Singh. The court, responding to the Centre's request, will now hear the matter on November 25, 2024.


Background: The Case of Balwant Singh Rajoana

Balwant Singh Rajoana, a member of the Babbar Khalsa militant group, was sentenced to death for his role in the 1995 assassination of Beant Singh, who was killed in a bomb explosion in Chandigarh. Rajoana has been in prison for nearly 29 years, much of this time on death row.  


The assassination was a high-profile incident, reflecting the volatile political environment in Punjab during the 1990s. Beant Singh was targeted for his efforts to combat militancy in the state.  


Mercy Plea Delay: Key Issues

Rajoana’s petition highlighted the extraordinary delay in deciding his mercy plea:  

- The mercy petition has been pending before the President of India for over one year and four months.  

- Rajoana argued that this delay violated his fundamental rights, citing the psychological anguish of prolonged incarceration on death row.  

- As of now, Rajoana has served 28 years and 8 months, with 17 years as a death row convict, including 2.5 years in solitary confinement.  


Supreme Court's Morning Directive 

Earlier on Monday, the Supreme Court, while addressing the delay, directed the Secretary to the President to place Rajoana’s mercy petition before the President with a request to decide it within two weeks.  


A bench comprising Justices BR Gavai, Prashant Kumar Mishra, and KV Viswanathan took this decision while emphasizing the need for timely action in mercy petitions to prevent undue suffering.  


Centre's Intervention  

The Union government, which was notably absent during the morning hearing, sought an immediate review of the Supreme Court's order.  


Key Points Raised by the Centre:  

- Solicitor General Tushar Mehta informed the court that the mercy petition was with the Home Ministry, not the President.  

- The Centre claimed it had relevant submissions to make before the court regarding the petition.  

The Supreme Court accepted the Centre’s plea and postponed the matter for November 25, granting the government time to present its position.  


Rajoana’s Argument for Commutation 

Senior Advocate Mukul Rohatgi, representing Rajoana, argued for the commutation of the death sentence on the grounds of:  

1. Prolonged delay: The delay in deciding the mercy plea constituted "inordinate and extraordinary" hardship.  

2. Rehabilitation opportunity: Rajoana has served nearly three decades in custody and should be given a chance at life imprisonment instead of capital punishment.  

3. Previous Commitment: The Centre had announced in 2019, during the 550th birth anniversary celebrations of Guru Nanak Dev, that Rajoana’s death penalty would be commuted to life imprisonment—a decision yet to be implemented.  


Centre’s 2019 Commitment: Still Unimplemented

In 2019, the Central Government decided to commute Rajoana’s death sentence to a life term as part of a goodwill gesture during the 550th birth anniversary of Guru Nanak Dev. However, the decision has not been acted upon, adding another layer to the ongoing legal and moral debates surrounding the case.  


Judicial Precedent: Mercy Petitions and Human Rights

The delay in Rajoana’s case brings into focus the established jurisprudence on death-row convicts:  

- Inordinate delays in deciding mercy petitions have been deemed violative of Article 21 (Right to Life) in several landmark judgments.  

- Psychological trauma caused by prolonged uncertainty is considered a ground for commutation from a death sentence to life imprisonment.  


What’s Next?

The Supreme Court will hear the matter on November 25, 2024, after the Centre files its submissions. Critical issues to be addressed include:  

- The reasons for the delay in implementing the Centre’s 2019 decision.  

- The Centre’s justification for keeping Rajoana’s file at the Home Ministry rather than forwarding it to the President.  

- Rajoana’s plea for release, citing prolonged incarceration and mental anguish.  


Balancing Justice and Human Rights

The case exemplifies the ongoing tension between delivering justice and upholding human rights. While the death penalty remains a contentious issue globally, the Indian judiciary has repeatedly emphasized the need for procedural fairness and timely decision-making in cases involving life and death.  


Conclusion

As the legal battle continues, the case of Balwant Singh Rajoana highlights critical questions about justice, rehabilitation, and the need for a humane approach in handling death row cases. All eyes will now be on the Supreme Court’s next hearing, where the balance between state authority and individual rights will once again come under scrutiny.

Location: Varanasi, Uttar Pradesh, India

Comments

Post a Comment

Popular posts from this blog

Supreme Court Reinforces Due Process: Curbing “Bulldozer Justice” with Strict Guidelines

Image
Supreme Court Reinforces Due Process: Curbing “Bulldozer Justice” with Strict Guidelines Background In a significant judgment, the Supreme Court of India has set out guidelines to curb arbitrary demolitions, commonly referred to as "bulldozer justice." This term has emerged from instances where properties of individuals accused of crimes have been demolished without following due legal process. The ruling responds to several petitions highlighting the destruction of residential and commercial properties without prior notice, which, according to petitioners, targets marginalized and minority communities. Key Principles Addressed The Supreme Court’s decision rests on critical constitutional principles, particularly the rule of law, separation of powers, and protection of individual rights . The Court emphasized that no person should be punished without due process and that arbitrary action by the executive undermines citizens’ trust in the justice system. Justice Gavai, in del...
Read more

Delhi High Court Grants Bail to Former Bank Manager Accused of Defrauding Woman of ₹13 Crores

Image
Delhi High Court Grants Bail to Former Bank Manager  Accused of Defrauding Woman of ₹13 Crores  The Delhi High Court has granted bail to Varun Vashista , a former bank manager accused of embezzling over ₹13 crores from a customer’s account while working at ICICI Bank's Vikas Puri branch. The bail was approved by Justice Amit Mahajan on November 12, 2024, after considering the evidence and facts of the case.   Details of the Case The allegations against Vashista stem from his role as a branch manager. The complainant and her husband had entrusted him with managing their investments, amounting to ₹13.5 crores, between 2019 and 2023.   The complainant discovered in January 2024 that nearly ₹12 crores had been **siphoned off** from her account. Key allegations include:   - Creation of Fake Fixed Deposits: The accused reportedly created fraudulent fixed deposit accounts in the complainant’s name.   - Misappropriation of Funds: Funds were tr...
Read more

Equality Before Law

Image
                            Equality Before Law                                                   Introduction The rule of law was firstly introduced by A.V. Dicey in  his book "The Constitution Of England" in which there is rule which only prevails is law in which all are equal. In simple word if any wrong is being done which is not justifiable  by law committed by anyone that may be president, prime minister, or any individual are punishable because there is supremacy of law. Supremacy of law means the government which is power or the people who elected the government all will be treated equally before law.  Article 14 The Indian Constitution 1949, Article 14 guarantees "Equality before law The State shall not deny to any person equality before the law or the...
Read more