[Deathpenalty] death penalty news----worldwide

[Rick Halperin]

February 26


BELGIUM:

Belgium continues to argue for universal abolition of the death 
penalty----Didier Reynders raised the inextricable link between poverty and the 
death penalty owing to the costs of legal proceedings, or the lack of legal 
knowledge of the criminal justice system.



The death penalty “disproportionately” affects disadvantaged and minority 
groups in the places where it remains in force, noted the Minister for Foreign 
Affairs, Didier Reynders.

He was speaking on Tuesday to the United Nations in Geneva. “This should not 
exist in the 21st century,” he stressed.

During a UN debate around discrimination linked to the death penalty, the 
Minister spoke on behalf of the 8 author countries that drafted the resolution 
forming the basis for the panel. These were in particular France, Switzerland, 
Mexico and even Benin. Despite the increase in the number of states abolishing 
the death penalty, capital punishment still applies in some parts of the globe, 
he regretted.

He expressed special concerned for those parts of the globe where apostasy 
(abandoning or renouncing a particular religious or political belief), 
blasphemy (the action or offence of speaking sacrilegiously about God or sacred 
things), adultery or homosexual relationships are capital offences.

“The application of the death penalty in these cases takes on a particularly 
discriminatory nature. It exclusively targets some segments of society, owing 
to them exercising their fundamental rights,” he said.

Didier Reynders raised the inextricable link between poverty and the death 
penalty owing to the costs of legal proceedings, and the lack of legal 
knowledge to face the criminal justice system. Racial, ethnic and sexual 
minorities, foreign nationals as well as women are particularly affected by the 
“disproportionate” application of this sentence.

"Above all, the death penalty is a serious violation of human rights, in 
particular, the right to life,” continued the Minister. “It is a cruel and 
irreversible punishment which infringes human dignity.” Its abolition is not a 
matter of culture but of political will, said the Minister for Foreign Affairs. 
"We have to move on from the position of simply a form of justice based upon 
killing.”

Belgium and its partners have even gone as far as criticizing the use of 
arguments of “based purely upon security” to justify capital punishment, 
notably the fight against terrorism and drug trafficking.

The UN High Commissioner for Human Rights, Michelle Bachelet, who the Minister 
met before this debate, is pleased with the progress of the abolitionist 
movement, and called upon states to “get on the right side of History.” 
Currently, some 170 have abolished the death penalty, instituted a moratorium 
on its application or suspended executions for more than 10 years.

>From Wednesday, Belgium will hold the 7th World Congress Against the Death 
Penalty, the most significant global capital punishment abolitionist event.

(source: Christopher Vincent, The Brussels Times)








NEW ZEALAND:

Capital Punishment for prisoners under guise of euthanasia



A recent study in Belgium has revealed that 23 prisoners in Belgium requested 
euthanasia between 2011 and 2017. Capital punishment is unlawful in Belgium. It 
is not permitted to give a prisoner a lethal injection as a punishment for his 
crimes, however it is lawful to give a prisoner who does not have a terminal 
condition a lethal injection as “health care”.

The Belgium prisoners were long term prisoners convicted for serious violent 
crimes and were unlikely to ever be released. Many would be without hope and 
considered that their lives were not worth living.

Capital punishment was abolished in New Zealand in 1961. Right to Life believes 
that if Parliament passes David Seymour’s End of Life Choice bill we could 
follow the example of Belgium, which allows prisoners being given a lethal 
injection for experiencing psychological suffering.

The Minister of Justice is concerned at the increasing numbers of prisoners in 
New Zealand prisons, the current number being over 10,000. The Minister has 
pledged to reduce this number by 30 per cent. Might it be tempting for a future 
government to accept allowing long term prisoners to be given a lethal 
injection as a solution to their psychological suffering? Certainly it is 
cheaper to kill than to provide care.

Right to Life believes that once we accept that there are some lives not worthy 
of life there will be no end to the killing of the vulnerable. Assisted suicide 
for psychological suffering is permitted in Holland and is currently being 
considered in Canada. This raises the question as to what grounds will be next?

Right to Life requests our Parliament to uphold the total prohibition of the 
killing of an innocent human being as the bedrock of the law and of medicine by 
voting against the dangerous End of Life Choice bill at its 2nd reading.

(source: scoop.co.nz)



BAHRAIN:

Bahrain court upholds death sentences for 2015 blast----Appellate court upholds 
death sentences, jail terms against 22 convicted earlier for involvement in 
Manama bombing



Bahrain’s Court of Cassation on Monday upheld death sentences handed down 
earlier against 2 people -- and jail terms for 20 others -- convicted of 
funding an “illegal terrorist group”, according to Bahraini state media.

The sentences against the 22 individuals, which are final and cannot be 
appealed, were first delivered by a lower court in 2017.

Charges on which the individuals were convicted include murdering police 
officers; the attempted murder of others; possession of explosive devices; 
receiving training in the use of weapons and explosives for terrorist purposes; 
and harboring fugitives,” according to the Bahrain News Agency.

The 22 were convicted in relation to a 2015 bombing in Manama that killed a 
police officer and injured 6 other people.

Anadolu Agency was unable to obtain immediate comment from the lawyers or 
families of the 22 sentenced individuals.

(source: aa.com.tr)




GLOBAL:

Drug offence executions more than halve in 2018 after Iran reform----Report 
warns that populist governments advocating use of death penalty may undermine 
global progress towards abolition.



Human rights experts have hailed a sharp drop in executions for drug offences 
in 2018, even as they expressed worries over a large number of people worldwide 
still facing the death penalty for non-violent drug crimes.

In a new report on Tuesday, Harm Reduction International (HRI) said it 
documented 91 executions for drug crimes last year, compared with 288 in 2017 - 
a 68 percent drop largely driven by fewer deaths in Iran following drug law 
reforms.

It is the 1st time the number of executions - which excludes China and Vietnam 
- has fallen below 100 since the London-based NGO started compiling figures in 
2007.

But the annual report warned that at least 7,000 people across the world are on 
death row for drug offences and that populist governments advocating the use of 
capital punishment as a key plank of drug control policy could undermine global 
progress towards abolition.

"The fall in executions is undeniably positive but far too many people are 
still sentenced to death row for low-level drug offences where they suffer 
serious human rights violations," said Giada Girelli, the report's author and 
HRI's human rights analyst.

"There is simply no evidence that the death penalty serves as a deterrent and 
this inhumane practice must be abolished immediately."

The annual report said four countries carried out the death penalty for drug 
offences last year - Saudi Arabia, Iran, Singapore and China.

HRI said Saudi Arabia was responsible for the highest number of such 
executions, sending at least 59 people to their deaths. Iran followed with 23 
people, followed by Singapore, where nine people were executed.

China continued to use capital punishment in relation to drug crimes, and HRI 
was able to confirm a number of specific occasions when people had been 
executed for drug offences.

The report did not provide a specific figure because the number of confirmed 
executions is likely to be an underestimate in a country where death penalty 
statistics are a state secret. China is also not included in the headline 
figure for global executions for the same reason. Nor is Vietnam where 
executions are also shrouded in secrecy.

Legislative reform

Executions in Iran dropped by 50 % last year following amendments to drug 
legislation that increased the minimum amounts of drugs for death penalty 
offences. The change meant executions were put on hold while cases were 
reviewed.

Asma Jahangir, the United Nations special rapporteur on human rights in Iran, 
said in March 2018 that 5,300 people were on death row or serving a life term 
in Iranian prisons for drug offences and could see their sentence commuted as a 
result of the new law.

However, she noted that a mandatory death sentence remained in force for a 
number of drug-related crimes.

In Malaysia, the government announced last year a moratorium on executions and 
said it would abolish the death penalty for all crimes, after earlier amending 
legislation that put those caught with even the smallest amounts of illicit 
substances facing the mandatory death penalty.

Ministers acknowledged that capital punishment had not succeeded in reducing 
drug use or trafficking, while the punitive policy meant more than 50 percent 
of inmates in the country's prisons were being held for drug offences.

No deterrent

Professor Adeeba Kamarulzaman, dean of medicine at the University of Malaya in 
Malaysia, said the world had reached a "tipping point" on the use of the death 
penalty in relation to drugs amid growing recognition that capital punishment 
was an ineffective deterrent.

Nevertheless, Malaysia's announcement triggered upset among those who support 
capital punishment and the necessary legislation has still to be introduced in 
parliament.

Adeeba said policymakers needed to better articulate their case.

They "have to try and change the narrative", she told Al Jazeera. "There is a 
combination of health and social issues that put people at risk. Getting people 
to understand that is important. In some ways, those of us in the medical world 
have abrogated our responsibilities to the justice system."

Despite evidence that capital punishment is no deterrent to drugs, HRI noted 
that last year some countries appeared to be looking to the death penalty as a 
key component of drug policy.

All the executions carried out in 2018 in Singapore were for drug offences, 
while Bangladesh expanded the application of the death penalty to more 
substances and Sri Lanka said it would end a 43-year moratorium on the death 
penalty by executing those convicted of drug trafficking.

Meanwhile, legislation backed by the Philippines President Rodrigo Duterte to 
impose the death penalty for drug crimes as part of his continuing "war" on 
drugs has been passed by the lower house, but has not secured Senate approval.

HRI's Girelli said continued progress to eliminate the death penalty, which 
remains a punishment for drugs in 35 countries and territories around the 
world, would depend on political will and public education.

"When it comes to public opinion, there's a lack of information around the 
death penalty for drugs and the death penalty in general," she told Al Jazeera.

"If people were to learn about all the due process violations associated with 
the death penalty and if they knew the situation of people convicted to death 
for drugs then they would not believe in it."

(source: Al Jazeera News)



IRAN:

26 European MPs Call on President Rouhani to Free Conservationists



26 members of the European Parliament (MEPs) have urged Iranian President 
Hassan Rouhani to free eight conservationists who are currently being tried in 
the country’s secretive revolutionary court system:

We are concerned that the trial of 8 activists, that has begun behind closed 
doors on 30 January 2019, falls seriously short of fair trial standards. Judge 
Abdolghassem Salavati at Branch 15 of Tehran’s revolutionary court reportedly 
prevented a defendant from appearing in court with a lawyer of his own 
choosing, and after one of the defendants told the court she has been absent 
from the past 2 sessions of the trial, that she had been tortured in detention.

The MEPs also reminded the president that 12 months after Iranian Canadian 
conservationist Kavous Seyed-Emami was found dead in Evin Prison where he was 
being held for interrogations, Iranian authorities have not conducted an 
impartial investigation into his death and have placed a travel ban on his 
wife, Maryam Mombeini.

Following is the letter in full.

H.E. Hassan Rouhani

President of the Islamic Republic of Iran

Brussels, 25 February 2019

Dear President Rouhani,

We, the undersigned Members of the European Parliament, are writing to express 
our strong concerns over the prolonged detention of eight environmental human 
rights defenders and serious violations of their due process and fair trial 
rights and to urge their immediate and unconditional release.

Houman Jokar, Sepideh Kashani, Niloufar Bayani, Amirhossein Khaleghi, Sam 
Rajabi, Taher Ghadirian, Morad Tahbaz, and Abdolreza Kouhpayeh, all members of 
a local environmental group, the Persian Wildlife Heritage Foundation, were 
arrested in January and February 2018 and have been detained without access to 
a lawyer of their own choosing. On February 10, the family of Seyed Emami, an 
Iranian-Canadian university professor who was also detained with others, 
reported that he had died in detention in unknown circumstances. Iranian 
authorities claimed that he committed suicide, but they have not conducted an 
impartial investigation into his death and have placed a travel ban on his 
wife, Maryam Mombeini. We understand that the Iranian judiciary has accused the 
activists of using environmental projects as a cover to collect classified 
strategic information while a committee established under your authority has 
found no evidence into these allegations. In a worrisome development, in 
November, the judiciary elevated the charge for four individuals to “corruption 
on earth”, which can carry the death penalty.

We are concerned that the trial of eight activists, that has begun behind 
closed doors on 30 January 2019, falls seriously short of fair trial standards. 
Judge Abdolghassem Salavati at Branch 15 of Tehran’s revolutionary court 
reportedly prevented a defendant from appearing in court with a lawyer of his 
own choosing, and after one of the defendants told the court she has been 
absent from the past 2 sessions of the trial, that she had been tortured in 
detention.

As stressed during a February 2016 debate in our Foreign Affairs Committee with 
Foreign Minister Zarif, and repeatedly in urgency resolutions adopted by this 
House, we believe that respect for international human rights standards should 
be at the core of EU-Iran bilateral relations, and it is cases like these that 
serve as a litmus test for your government’s commitment to make progress in its 
human rights record.

We therefore call on you to use the authority of your office, as the President 
and Head of the national security, to secure the release of these environmental 
defenders and, pending their release, to ensure a fair and open trial based on 
Iran’s human rights obligations and constitutional protections.

Yours sincerely,

Ana Gomes (S&D)

Elmar Brok (EPP)

Marietje Schaake (ALDE)

Barbara Lochbihler (Greens/EFA)

Theresa Griffin (S&D)

Ernest Urtasun (Greens/EFA)

Jirí Pospíšil (EPP)

Bodil Valero (Greens/EFA)

Julie Ward (S&D)

Bart Staes (Greens/EFA)

António Marinho e Pinto (ALDE)

Margrete Auken (Greens/EFA)

Tunne Kelam (EPP)

Soraya Post (S&D)

Klaus Buchner (Greens/EFA)

Carlos Coelho (EPP)

Eugen Freund (S&D)

Maria Heubuch (Greens/EFA)

Karoline Graswander-Hainz (S&D)

Eva Gro Joly (Greens/EFA)

Marita Ulvskog (S&D)

Karima Delli (Greens/EFA)

Csaba Sógor (EPP)

Philippe Lamberts (Greens/EFA)

Patricia Lalonde (ALDE)

Pascal Durand (Greens/EFA)

********************

Iran public execution



A man was hanged in public on February 24 in northern city of Aqqala, in 
Golestan Province, According to the state-run Fars news agency.

Iranian regime executed 2 prisoners on February 23 and 24, according to the 
state media.

The 1st man was executed on February 23, in Shirvan Prison in North Khorasan 
Province, the state-run Fars news agency reported reported.

According to the same media, another man was hanged in public on February 24 in 
northern city of Aqqala, in Golestan Province.

Fars did not elaborate the prisoners by name, but human rights activists 
identified the man who was publicly executed as Ghafour Gari.

Both victims had been found guilty of murder.

In December 2018, the UN General Assembly’s Third Commission condemned the 
Iranian regime’s abysmal human rights record for the 65th time. The UNGA raised 
concern over the “alarmingly high frequency” of the use of the death penalty 
including against minors, “the widespread and systematic use of arbitrary 
detention,” poor prison conditions “deliberately denying prisoners access to 
adequate medical treatment,” and “cases of suspicious deaths in custody.”

The Iranian regime has one of the worst human rights records in the world. Year 
after year, it holds the record of the number of executions per capita.

(source for both: Iran Human Rights)








IRAQ:

Iraq saves France thorny repatriations of IS jihadists



By pledging to try 13 French Islamic State group fighters, Iraq has assumed the 
role of judge and jailor for the suspected jihadists -- thereby saving Paris 
the controversy of repatriating them.

France has been rocked by fierce public debate over whether to repatriate 
dozens of its nationals, including children, caught fleeing IS's collapsing 
"caliphate" in east Syria.

Most are held by US-backed Syrian forces, but 13 French citizens were 
transferred across the border to be tried in Baghdad, Iraqi President Barham 
Saleh announced on Monday.

The alleged fighters, who were turned over to Iraq after being seized by Syrian 
Kurdish forces, "will be judged according to Iraqi law," Saleh told a news 
conference after talks with French President Emmanuel Macron in Paris.

"Those who have engaged in crimes against Iraq and Iraqi installations and 
personnel, we are definitely seeking them and seeking their trial in Iraqi 
courts," he said.

The issue is extremely sensitive in France, where a deadly 2015 attack on the 
capital claimed by IS killed 130 people -- but this arrangement could be 
Paris's best option.

"This deal suits Iraq, but it's also politically favourable for France, which 
will avoid having to deal with the difficult return issue. Baghdad will have 
done it a favour," said Hisham al-Hashemi, an Iraqi expert with intimate 
knowledge of the issue.

"This way, France will no longer have to deal with organisations calling to 
repatriate, rehabilitate, and re-assimilate these people," he said.

- Death penalty -

Transferring foreign fighters to Iraq for trial appears to resolve a legal 
conundrum for Western powers.

On the one hand, the Kurdish-run administration in northern Syria is not a 
legally recognised government, so trying them there would be dubious.

On the other, repatriation is a politically-fraught issue, and governments fear 
they may not have enough evidence to convict IS members who claim they did not 
fight.

But Iraq has already tried hundreds of foreign IS fighters, including some 
caught in Syria and transferred across the border.

It has sentenced many, including 58-year-old French national Lahcen Ammar 
Gueboudj and two other French nationals, to life in prison.

Baghdad has even handed down death sentences to around 100 foreigners, only one 
of which has been implemented.

Iraq's 2005 counterterrorism law condemns any individual who provided material 
support for extremist groups to death, even if they did not pick up arms.

"This means Iraq can put anyone on trial who just passed through their 
territory on their way to Syria," said Hashemi.

He said the 13 French nationals now in Iraqi custody had battled government 
troops in Iraq, and were transferred in coordination with the US-led coalition 
fighting IS.

France initially insisted its citizens should face trial wherever they were 
caught, then seemed to soften its stance last month by saying it was 
considering repatriations.

But Macron appeared to double-back on Monday, saying it was "up to the 
authorities of these countries to decide, sovereignly, if they will be tried 
there."

"These people are entitled to benefit from our consular protection, and our 
diplomatic service will be mobilised," he added.

- 'Much tougher sentences' - An Iraqi judicial source told AFP that Western 
countries had a vested interest in making sure their nationals were tried in 
Iraq, not at home.

"In their own countries, their lawyers could claim their clients were abducted 
in Syria," which could hurt the prosecution's case, the source said.

"But trying them in Iraq guarantees these countries that this point won't 
matter."

Handing them over to Iraqi courts would also ensure "much tougher sentences," 
the source added.

The 13 French nationals were brought to Iraq in parallel with the repatriation 
of 280 Iraqi IS members from Syria.

Fadel Abu Ragheef, a security advisor and strategic analyst, said there was 
more to come.

"There's another wave of Iraqi and foreign jihadists that will arrive soon to 
Iraq," he told AFP.

But Human Rights Watch said any transfers should be completed in full 
transparency.

"When these transfers get done in the middle of the night with no one knowing, 
there's no way to track these people," said Nadim Houry, HRW's head of 
counter-terrorism.

He told AFP on Monday that he was concerned about a lack of due process in 
Iraqi courts and the possibility of abuse in its detention centres.

"Iraqi trials are rife with due process abuses and the trials are not providing 
justice to the victims or information about the crimes," said Houry.

"It seems the West is still looking for someone to take that burden off of them 
without them engaging on the substance of the trials."

(source: france24.com)








EGYPT:

Sisi defends death penalty at summit with Europe



Egyptian President Abdel Fattah al-Sisi defended the death penalty at a summit 
between Arab and European states on Monday, saying the 2 regions had “2 
different cultures”.

Rights groups strongly criticised Egypt this month for executing 9 men accused 
over the 2015 killing of the country’s chief prosecutor, saying that they and 
others had been put to death after unfair trials amid a surge in executions.

Egypt rejected allegations that confessions were extracted under torture.

“When a human being is killed in a terrorist act, the families tell me that we 
want the right of our children and their blood,” Sisi told the closing press 
conference at the first joint summit between the EU and the Arab League. “This 
culture exists in the region and that right must be given through the law.”

Sisi has previously defended criticism on rights by pointing to economic and 
welfare reforms aimed at raising living standards for Egypt’s population of 
more than 98 million.

“We have two different cultures,” he said on Monday. “The priority in Europe is 
achieving and maintaining wellbeing for its people. Our priority is preserving 
our countries and stopping them from collapse, destruction and ruin, as you see 
in many surrounding states.”

Since ousting Muslim Brotherhood President Mohamed Mursi in 2013, Sisi has 
overseen a sweeping crackdown on both Islamist and liberal opposition. 
Activists consider the repression the worst in Egypt’s modern history.

European Commission President Jean-Claude Juncker said human rights had been 
raised in bilateral meetings during the two-day summit, while European Council 
President Donald Tusk said he had insisted on human rights being included in 
the summit’s final declaration.

“I am absolutely convinced ... that in this very context dialogue is always 
much better than confrontation,” said Tusk, speaking alongside Sisi.

Rights defenders are concerned that European states focussed on security have 
lent Sisi international legitimacy at a time when his supporters are pushing 
through constitutional amendments that could allow him to stay in power until 
2034.

“It is distressing that the leaders at the summit have not addressed adequately 
the threats to freedom of expression and assembly, fundamental rights which are 
under threat in many places in the Arab world,” Oxfam’s Middle East and North 
Africa regional director, Marta Lorenzo, said in a statement.

European leaders defended engagement.

Belgian Prime Minister Charles Michel told reporters the choice was between 
speaking only with other European leaders, or viewing dialogue as “necessary in 
order to defend our fundamental values”.

Juncker said on Sunday he had concerns about human rights in many of the 
countries he dealt with, but added: “If I only talked to flawless democrats 
then I would end my week already by Tuesday.”

(source: Reuters)



MALAYSIA:

Cabinet to decide on death penalty soon



The Cabinet will make a final decision at one of its weekly meetings next month 
on whether to table in Parliament a proposal to abolish the death penalty, said 
Minister in the Prime Minister’s Department Datuk Liew Vui Keong.

Liew said he had finished compiling views from stakeholders, including on law 
reforms that would be needed in the event of an abolition.

(source: thestar.com.my)

**************

3 friends escape gallows, freed of drug charges



3 friends escaped the mandatory death sentence after the High Court here 
discharged and acquitted them of 3 drug trafficking charges four years ago.

Judicial commissioner Hayatul Akmal Abdul Aziz ruled that the prosecution had 
failed to prove a prima facie case against S. Mathavan, 33, S. Logeswaran, 34 
and L. Keleman, 33.

The 3 of them were seen wiping their tears after Hayatul Akmal ordered their 
release.

For the 1st charge, they were jointly accused of trafficking 157.5g of heroin 
and 50.3g of monoacetylmorphine in a house at No 13, Jalan Lahat Mines 15, 
Bandar Lahat Mines, Lahat at 3pm on Feb 2, 2015.

For the 2nd offence, they were jointly charged with trafficking 10g of heroin 
and 7.6g of monoacetylmorphine at the same location at 3pm on Feb 20, 2015.

For the 3rd charge, they were jointly charged with trafficking 446.1g of 
methamphetamine at the same location at 3pm on Feb 20, 2015.

They were charged under Section 39(1)(a) of the Dangerous Drugs Act 1952 and 
punishable under Section 39B(2) of the same Act which carries the mandatory 
death penalty.

Hayatul Akmal in her judgement said the defence had succeeded in raising 
reasonable doubts against the prosecution’s case.

“There are questions arise since the trio are not the only people who have 
access to enter the house. It raises inference to the accused and it is not 
safe to convict the accused,” she said.

A total of 13 witnesses and 9 defence witnesses were called to testify during 
the trial.

The prosecution was conducted by Deputy Public Prosecutor Maziyah Mansor while 
Mathavan and Logeswaran were represented by lawyers, Tan Sri Muhammad Shafee 
Abdullah, Tania Scivetti and Syazwan Mohd Zawawi. Meanwhile, Kelemen was 
represented by lawyers, Chagar Singh and Jagdave Singh.

(source: nst.com.my)





INDIA:

Nitish Katara murder: SC questions Vikas Yadav's plea on award of sentence



Vikas Yadav, undergoing 25-year jail term for killing business executive Nitish 
Katara in 2002, moved the Supreme Court Monday challenging a Constitution Bench 
verdict which held that courts can specify the length jail of term for murder 
convicts.

The move prompted the top court to ask Yadav whether he can challenge through a 
fresh plea the validity of a verdict which has already attained finality.

On October 3, 2016 the Supreme Court had awarded 25-year jail term without any 
benefit of remission to Yadav and his cousin Vishal for their role in the 
sensational kidnapping and killing of Katara. Another co-convict Sukhdev 
Pehalwan was also handed down 20- year jail term.

A bench headed by Chief Justice Rajan Gogoi and Justice Sanjiv Khanna was 
hearing the fresh plea by Yadav alleging that "no special category of sentence 
in substitution to the life sentence or the death penalty could be imposed upon 
the persons guilty of offence of murder under section 302 of the IPC".

It said: "Tell us how can we re-open this issue by entertaining your writ 
petition under Article 32 of the Constitution in view of the Constitution Bench 
judgement which had said that the courts are empowered to award sentence for a 
fixed period without any benefit of remission (to a convict)."

It further said that Yadav was seeking review of the judgement by filing a 
fresh plea and questioned his move. "Your grievance seemed to be against the 
Constitution bench judgement and can you do this by filing a fresh writ 
petition".

The bench, which did not issue any notice to the parties including the Union 
ministries of home affairs and law and justice as also Neelam Katara, mother of 
the victim, adjourned the hearing and ordered listing of the plea after 3 
months.

Yadav has sought striking down of section 53 (punishment of life and death and 
to which offenders are liable under the provision of the code) and section 45 
(life) of the IPC on the ground that they are violative of Articles 14 
(equality before law) and 21 (protection of life and personal liberty) of 
Constitution.

He alleged that punishment provided in the IPC for the offence of murder was 
either the life term or the death penalty and any specification of the fixed 
jail term that too without any remission by carving out a special category was 
violative of his fundamental rights.

The Delhi High Court, while upholding the life imprisonment awarded to Vikas 
and Vishal Yadav by the trial court, had specified the jail term and had 
awarded 30 year sentence, without any remission, to both of them. It had 
awarded 25 year jail term to 3rd convict Pehalwan.

The apex court, however, had modified the award of 30 year jail term, saying 
that the 25 year imprisonment for the offence of murder and five year jail term 
for causing destruction of evidence, would run concurrently and not 
consecutively.

It had also scaled down the jail term of 25 years to 20 years to be awarded to 
3rd co-convict Sukhdev Pehalwan in the case by holding that the imprisonment 
for separate offences would not run consecutively but concurrently.

The bench had already dismissed the appeals against their convictions in the 
case for kidnapping Katara from a marriage party on the intervening night of 
February 16-17, 2002 before killing him for his alleged affair with Bharti 
Yadav, sister of Vikas, because they belonged to different castes.

(source: business-standard.com)