The advocate appearing for the convicts in the 2013 Shakti Mills gangrape case told the Bombay High Court on Friday that the death penalty infringes upon their right to life as there is an absence in the procedure for enhancement of punishment.
Advocate Yug Chaudhry was appearing for Vijay Jadhav, Mohammad Qasim Shaikh, and Mohammad Salim Ansari before a Division Bench of Justices B.P. Dharmadhikari and Revati Mohite-Dere.
The three have been sentenced to capital punishment for the gangrape of a telephone operator in July and of a photojournalist in August, 2013. They are challenging their conviction and the constitutional validity of the new Section of 376E (punishment for repeat offenders) of the Indian Penal Code in their case. The section reads, whoever has been previously convicted under Section 376 (punishment for rape) or Section 376A (intercourse by a man with his wife during separation) or Section 376D (gangrape) and is subsequently convicted under either A or D shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life, or with death.
The fourth accused, Siraj Khan, was sentenced to life imprisonment and the fifth, a minor, was sent to a correctional facility.
Mr. Chaudhry said Section 376E has brought in a conviction model but there is no change in the procedure which makes it arbitrary. The offence becomes unconstitutional because of the absence of procedure.
He also said this particular Section takes away power from the President and the Governor for any premature release or remission if deemed fit.
The advocate concluded his arguments by saying this offence prima facie infringes upon Article 21 (no person shall be deprived of his life or personal liberty except according to procedure established by law) of the Indian Constitution, which shifts the burden on the governemnt to prove the case. Additional Solicitor General Anil Singh representing the Union of India will make his agruments on February 27.
