Other States

Bombay HC stays execution of two death row convicts

Both were convicted for kidnap, rape, and murder of a BPO worker in Pune in 2007

The Bombay High Court on Friday stayed the execution of two men scheduled to hang in three days for the rape and murder of a BPO employee in Pune in 2007.

A Division Bench of Justices B.P. Dharmadikari and Swapna Joshi was hearing two criminal petitions filed by Pradeep Kokade and Purshottam Borate seeking a stay on their execution scheduled for June 24 in Pune. The two were convicted for the kidnap, rape and murder of a BPO employee on November 2007, when she was leaving for home from work at night. Borate, the cab driver, and his friend Kokade, were convicted and sentenced to death in 2012. Soon thereafter HC and Supreme Court upheld the death penalty and their mercy petitions were also rejected in 2016 by the Maharashtra Governor and the President of India in 2017.

In their plea both said, “excessive and unexplained delay of over four years (1509 days) in execution of the sentence of death causes unnecessary and unavoidable pain, suffering and mental torment that constitutes cruel and unusual punishment violative of Article 21 (right to life) of the Indian Constitution.”

Advocate Yug Chaudhry, appearing for the two, told the court that there has been a delay in issuance of the warrants for execution of the death penalty.

He said the Centre has declined to give them some documents pertaining to the recommendations made by officers in the Ministry of Home Affairs on the basis of which the mercy petitions were rejected by President in 2017.

After hearing arguments from the petitioners, advocate general and additional solicitor general, the court ruled that the execution shall not take place on June 24 and directed the Union government to file an affidavit on whether they are willing to give those documents. The court held the convicts should be a given a chance to fight their case and adjourned the matter to June 25.

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Printable version | Feb 29, 2020 9:04:42 AM | https://www.thehindu.com/news/national/other-states/bombay-hc-stays-execution-of-two-death-row-convicts/article28104317.ece

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