New Delhi: Justice AK Ganguly of the
Supreme court has termed the award of death sentence as
"barbaric, anti-life, undemocratic and irresponsible" which is
"legal" in the prevailing judicial system.
Describing this as his "personal view", Justice Ganguly
said the Constitutional guarantee of right to life cannot be
subjected to "vague premises".
The doctrine of the crime falling in the'rarest of rare'
category in awarding the death penalty was a "grey" area as
its interpretation depended on individual judges, he said,
adding the "sentencing structures" should be in consonance
with the goals set by the Constitution.
The remarks were made by Justice Ganguly yesterday at a
two-day seminar on 'Abolition of Death Penalty in India'. The
seminar was organized by the Jindal Global Law School at
Sonepat in Haryana.
The sitting judge of the apex court said sending a
convict to the gallows, is legal but "barbaric, anti-life,
undemocratic and irresponsible"..
The guilt of an accused should be proved beyond
"lingering" doubt in cases warranting the award of capital
punishment, which has so far not yet been evolved.
He cautioned that before giving death penalty, a judge
must be "extremely careful" and weigh "mitigating and
aggravating circumstances".
The Judge said the state must adduce evidence that the
accused cannot be reformed.
PTI
First Published: Tuesday, November 15, 2011, 19:46