[Deathpenalty] death penalty news---worldwide

[Rick Halperin]

August 27



INDIA:

With Justice Dipak Misra at the helm, a series of high-impact cases await 
resolution----A look at the career highlights of India's new Chief Justice and 
what lies ahead for him



When Justice Dipak Misra takes office as the 45th Chief Justice of India on 
Monday, his 13-month tenure may see a resolution of knotty and high-magnitude 
issues spanning the spectrum, from the validity of Aadhaar to the 
Ramjanmabhoomi-Babri Masjid title disputes.

With Justice J.S Khehar's exit, the Aadhaar Constitution Bench has lost its 
lead judge. It will be up to Justice Misra now to either lead the Bench or have 
Justice Chelameswar lead it.

Justice Misra may soon set up a Constitution Bench to decide the special status 
accorded to the State of Jammu and Kashmir under Article 35A, a provision 
incorporated in the Constitution through a Presidential Order in 1954 and not 
by a constitutional amendment.

Following the strong comments made in the recent privacy judgments against 
Section 377 of the IPC, the Supreme Court under the leadership of Justice Misra 
would have to soon set up a Constitution Bench of 5 judges to decide the 
validity of the section that criminalises gay sex.

Justice Misra would also need to guide the resolution of a prolonged impasse 
with the government on the finalisation of the Memorandum of Procedure (MoP) 
for appointment of judges and the filling up of judicial vacancies across high 
courts and the Supreme Court.

The MoP draft, which was handed over to the Supreme Court Collegium by the 
government way back in August 2016, has been in limbo through the tenures of 2 
of his immediate predecessors - Justice T.S. Thakur and J.S. Khehar.

After a pathbreaking role as the chairperson of the National Legal Services 
Authority with initiatives like Nyaya Sanyog that marries technology with the 
concept of complete access to justice by litigants, including undertrial 
prisoners, Justice Misra is expected to train his focus on taking radical steps 
to bring down the growing pendency of over 2.8 crore cases in the lower courts.

The Supreme Court under Justice Misra's predecessor Justice J.S. Khehar had 
taken suo motu cognizance of pendency and judicial vacancies in subordinate 
courts. The apex court is considering the evolution of a centralised mechanism 
for the appointment of judicial officers in subordinate courts. It is to be 
seen whether Justice Misra would take the proposal further.

Justice Misra made history when he led the 3-judge Bench which heard Yakub 
Memon, the sole condemned man in the Bombay blasts case, who came knocking on 
the Supreme Court's door for reprieve in the wee hours of the day he was hanged 
to death.

Justice Misra is hearing a slew of important cases with far-reaching 
consequences, including the BCCI case for transparency in Indian cricket 
administration and the SEBI-Sahara spat, in which the court is playing the 
taskmaster to get Sahara repay the crores it owes its investors.

In May 2017, Justice Misra authored the landmark judgment confirming the death 
penalty of 4 convicts in the brutal Nirbhaya gangrape and murder case that 
shook the nation and spurred the genesis of a stringent anti-rape law. In his 
verdict, Justice Misra termed the convicts as those who "found an object for 
enjoyment in her... for their gross, sadistic and beastly pleasures... for the 
devilish manner in which they played with her dignity and identity is humanly 
inconceivable".

He had upheld constitutionality of criminal defamation. He was also part of the 
Bench of the Supreme Court's 7 seniormost judges who convicted then sitting 
Calcutta High Court judge, Justice C.S. Karnan, of contempt of court and 
sentenced him to six months' imprisonment.

In a recent judgment, Justice Misra described eve-teasing as a "pernicious, 
horrid and disgusting" practice in India. Recently, it was Justice Misra's 
Bench which put its foot down to ensure that not a single National Eligibility 
and Entrance Test (NEET) student in Tamil Nadu would suffer because of the 
State government's proposal to promulgate an ordinance to freeze NEET. The 
Centre later backed out of promulgating the ordinance.

In 2015, a Bench led by Justice Misra set aside the ban on dance bars under the 
Maharashtra Police Act while observing that there are other alternatives to a 
ban on dance performances to ensure safety of women.

Justice Misra also hit the headlines when the Bench he was leading ordered that 
patrons should stand up in respect and "committed patriotism and nationalism" 
when the National Anthem and National Flag are featured before shows in cinema 
theatres across the country.

(source: The Hindu)