standard applied by the executive in
granting commutation is not known.
Therefore, it could happen (and might well
have happened) that in a given case the
Sessions Judge, the High Court and the
Supreme Court are unanimous in their view
in awarding the death penalty to a convict,
any other option being unquestionably
foreclosed, but the executive has taken a
diametrically opposite opinion and has
commuted the death penalty. This may also
need to be considered by the Law
Commission of India. (2013) 5 SCC 546para 149. (Emphasis supplied)
1.1.2.
Khade was not the first recent instance of the Supreme
Court referring a question concerning the death penalty
to the Commission. In Santosh Kumar Satishbhushan
Bariyar v. State of Maharashtra (‘Bariyar’) (2009) 6 SCC
498 lamenting the lack of empirical research on this
issue, the Court observed :
We are also aware that on 18.12.2007, the
United Nations General Assembly adopted
Resolution 62/149 calling upon countries that
retain the death penalty to establish a
worldwide moratorium on executions with a
view to abolishing the death penalty. India is,
however, one of the 59 nations that retain
the death penalty. Credible research,
perhaps by the Law Commission of India
or
the
National
Human
Rights
Commission may allow for an up-dodate and informed discussion and
debate on the subject.
(Emphasis
supplied)
1.1.3. The present Report is thus largely driven by these
references of the Supreme Court and the need for reexamination
of
the
Commission’s
own
recommendations on the death penalty in the light of
changed circumstances.”
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