Considering setting up of panel to examine execution of death row convicts by hanging: Centre to SC

The Union Government on Tuesday told the Supreme Court that it is considering appointing an expert committee to examine if there can be a method less painful than hanging by neck for execution in death penalty cases in the country.

Appearing for the Centre, Attorney General R Venkataramani submitted before a bench of Chief Justice of India D Y Chandrachud and Justice J B Pardiwala that the government is in the process of appointing a committee and that the deliberations on the composition of the expert panel are under way.

He further asked the court to take up a PIL filed by advocate Rishi Malhotra after a week, to enable him come back with a response.

“I have suggested (forming a committee) and we are working towards that and gathering some names,” he submitted before the court.

The bench, after recording his statement, adjourned the hearing in the matter.

On March 21, the apex court had asked the Centre to start a discussion and collect necessary information to examine the matter.

The court also said that it is open to set up a panel of experts, including from National Law Universities and AIIMS to give their views on the subject as one aspect could be to look at the matter from the point of view of science and technology.

The court had then also sought to know if any study has been conducted to find a more humane method of execution and impact of death penalty by hanging.

In his writ petition, Malhotra sought a direction for quashing of the provision contained under Section 354(5) of the Criminal Procedure Code as ultra vires the Constitution and especially Article 21 for being discriminatory and also in contravention of the Constitution Bench Judgment in Gian Kaur's case (1962).