NEW DELHI: India's top court on Tuesday was apprised by the Centre that it was considering setting up a committee of experts to examine the prevalent mode of execution of death row convicts by hanging in the country.
A bench comprising Chief Justice D Y Chandrachud and Justice J B Pardiwala took note of the submissions of Attorney General R Venkataramani, appearing for the Centre, that the government was considering his suggestion on constituting a committee of experts and deliberations were on.
The top law officer said there were processes related to finalisation of names for the proposed panel and that he will be able to respond on the issue after some time.
"The Learned Attorney General states that the process of appointing a committee was under consideration. In view of the above, we will give a fixed date after the (summer) vacation," the bench said.
The top court on March 21 had said it may consider setting up of a committee of experts to examine whether the execution of death row convicts by hanging was proportionate and less painful and had sought "better data" from the Centre on issues pertaining to the mode of execution.
The SC bench had earlier said that a relook would be possible only after considering better data. It asked the Centre to compile data specifying the impact of death by hanging in terms of pain, whether science has suggested any other method of execution consistent with human dignity and whether they are available in India or abroad.
"We can have perspective on alternate methods (for executing the death row convicts). Or can we see whether this method (of hanging the convicts) satisfies the test of proportionality for it to be upheld? We must have some underlying data before we relook at it. You (Attorney General) can come back to us by next week and we can formulate a small order and constitute the committee. We can hear you on its remit (scope and ambit of the committee)," the bench said.
On March 21, the CJI had said although the court cannot tell the legislature to adopt a particular method for executing death sentences, it could constitute a small committee to take a relook. “We cannot tell the legislature that you adopt this method. But you can certainly argue that something may be more humane. We can look into any scientific study which shows a method is far less painful and more humane. The burden is on the Union to constantly make a survey and study,” CJI Chandrachud remarked.
Lawyer Rishi Malhotra had filed a PIL in 2017 seeking to abolish the present practice of executing a death row convict by hanging and replace it with less painful methods such as "intravenous lethal injection, shooting, electrocution or gas chamber."
(With inputs from PTI)