The Hindu : Karnataka / Bangalore News : Death penalty: `law has not been misused'

Online edition of India's National Newspaper
Friday, Nov 04, 2005

Karnataka

Karnataka - Bangalore

Death penalty: `law has not been misused'

Staff Reporter

BANGALORE: As the debate rages over capital punishment and whether it should be scrapped, the former Chief Justice of India M.N. Venkatachalaiah is of the opinion that "it must be decided on the merits of the case."

Speaking on the sidelines of a press conference to announce a Mahabharata-theme mega event, Mr. Venkatachalaiah said: "it is good that the debate is on as it indicates that a humane approach has entered the discussion and it allows for introspection on how the justice delivery system has evolved."

At the same time, one needed to remember that since Independence, barely 20 to 30 people had been awarded capital punishment, which went to prove that there had not been misuse or misapplication of the law, Mr. Venkatachalaiah said.

In other countries, especially in the West, there was no contemplation on doing away with capital punishment, and in India each case had drawn the attention of the High Courts as well as the Supreme Court, he pointed out.

Since there was the three-tier system of trial courts, the High Court, and the Supreme Court, and the fourth option of presidential pardon, the system ensured that each case was judged on its own merit and that ought to be the way, he added.

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