NEW DELHI: The Centre on Tuesday informed the Supreme Court that it is in the process of appointing an expert committee to consider if a less painful method than hanging by neck for execution in death penalty cases could be used in the country.
Appearing for the Centre, Attorney General R Venkataramani submitted before a bench of Chief Justice of India D Y Chandrachud and Justice J B Pardiwala that the deliberations are on with regard to composition of the experts panel as he suggested for setting up the committee.
He requested the court to consider a PIL filed by advocate Rishi Malhotra after a week, in order to let him come back with concrete response.
I have suggested (forming a committee) and we are working towards that and gathering some names, he submitted before the court.
Taking note of his statement, the bench adjourned the hearing in the matter.
Earlier on March 21, the apex court had asked the Centre to start a discussion and collect necessary information to examine the issue of using less painful method of execution.
The court had then suggested that it is open to set up a panel of experts, including from National Law Universities and AIIMS to give their views on the subject as one aspect could be to look at the matter from the point of view of science and technology.
The court had then also sought to know if any study has been conducted to find more humane method of execution and impact of death penalty by hanging.
In his writ petition, Malhotra sought a direction for quashing of the provision contained under Section 354(5) of the Criminal Procedure Code as ultra vires the Constitution and especially Article 21 for being discriminatory and also in contravention of the Constitution Bench Judgment in Gian Kaur's case (1962).
On October 6, 2017, the apex court had issued notice to the Centre in the matter, noting the contention of the petitioner that the convict whose life has to end because of the conviction and the sentence should not be compelled to suffer the pain of hanging.
"Prima facie, legislature can think of some other mode by which a convict who, in law, has to face the death sentence should die without pain. It has been said for centuries that nothing can be equated with painless death. And that is, possibly, the dignity in death," the court had said, while seeking a reply from the Union government in the matter.
