A Bench of Justices Vikram Nath and Sandeep Mehta was listening to a plea searching for removing of the current mode of execution of demise row convicts by hanging from the statute. , Picture Credit score: Shashi Shekhar Kashyap
The issue is that the federal government shouldn’t be able to evolve, the Supreme Courtroom noticed on Wednesday (October 15, 2025) after the Heart stated it is probably not “very possible” to offer the choice to demise row. convicts to decide on deadly injection as a mode of execution.
A Bench of Justices Vikram Nath and Sandeep Mehta was listening to a plea searching for removing of the current mode of execution of demise row convicts by hanging from the statute.
Senior advocate Rishi Malhotra, who has filed the petition, stated not less than an choice must be given to a condemned prisoner as as to if he wished hanging or deadly injection as a mode of execution.
“I’ll show that one of the best ways is deadly injection as a result of 49 out of fifty states within the USA have adopted deadly injection,” Mr. Malhotra stated.
He stated execution by administering deadly injection was fast, humane and respectable as in comparison with hanging which was merciless and barbaric because the physique lies lingering on the rope for round 40 minutes.
Justice Mehta instructed the counsel representing the Heart to advise the federal government on Mr. Malhotra’s proposition concerning offering an choice to the demise row convict.
The Centre’s counsel stated, “That is additionally addressed within the counter that this is probably not very possible to offer an choice”.
Justice Mehta noticed, “The issue is that the federal government shouldn’t be able to evolve over the time frame… Issues have modified over a time frame”.
The Centre’s counsel submitted that it was stated within the counter-affidavit that it was a coverage determination and the federal government can take a name on that.
The lawyer referred to the apex courtroom’s Could 2023 order handed within the matter.
In that order, the bench had famous Lawyer Basic R. Venkataramani’s submission that the federal government was contemplating the appointment of a committee to overview the problems sought to be raised within the matter.
The Centre’s counsel stated they might search directions from the federal government as to what has occurred with regard to the committee.
The Bench posted the matter for additional listening to on November 11.
In March 2023, the apex courtroom had stated it could contemplate establishing a committee of consultants to look at whether or not execution of demise row convicts by hanging was proportionate and fewer painful and sought “higher knowledge” from the Heart on points pertaining to the mode of execution.
The Bench, nevertheless, had made clear that it can’t direct the legislature to undertake a selected mode of sentencing condemned convicts.
Mr. Malhotra had filed the PIL in 2017 searching for abolition of the current apply of executing a demise row convict by hanging and changing it with much less painful strategies equivalent to “intravenous deadly injection, taking pictures, electrocution or gasoline chamber”.
In 2018, the Heart strongly supported a authorized provision {that a} demise row convict would solely be hung to demise and had advised the bench that the opposite modes of execution like deadly injections and firing weren’t much less painful.
The counter affidavit, filed by the joint secretary of the Ministry of Residence Affairs, had stated that demise by hanging was “fast, easy” and free from something that may “unnecessarily sharpen the poignancy of the “prisoner”.
The affidavit was filed in response to the PIL which referred to the 187th Report of the Legislation Fee advocating the removing of the current mode of execution from the statute.
Revealed – October 16, 2025 07:21 am IST