What are the mistakes that Manmohan Singh made
The hanging of Ajmal Kasab on November 21, 2012 was the first execution in India in eight years. Dhananjoy Chatterjee's last death sentence had previously been carried out in 2004. Resumption of executions after an eight-year hiatus runs counter to regional and global developments towards the abolition of the death penalty. In contrast to the execution of Ajmal Kasab, the Indian authorities have in the past always informed the public about the refusals of appeals for clemency and planned dates of execution. Resolution 2005/59, passed by the UN Human Rights Committee, urges states still to impose the death penalty "to inform the public about the death penalty and all the dates of execution".
Since taking office at the end of 2012, President Pranab Mukherjee has rejected two requests for clemency, that of Ajmal Kasab and that of Saibanna Ningappa Natikar. He also commuted Mr. Atbir's death sentence. According to official reports, the president has returned thirteen men and one woman's pardon petitions to the Home Office for re-examination. The fourteen persons are: Mr. Gurmeet Singh, Mr. Dharampal, Mr. Suresh, Mr. Ramji, Mr. Praveen Kumar, Mr. Jafar Ali, Mr. Sanjeev, Ms. Sonia, Mr. Sundar Singh, Mr. Mohammad Afzal Guru, Mr. Simon, Mr. Gnanaprakasam , Mr. Madaiah and Mr. Bilavandra. The President has several options for dealing with a petition for clemency: he can reject the petition, grant clemency and convert the death sentence into a prison sentence or, as in many previous cases, not make a decision at all in the foreseeable future.
The use of the death penalty in India is characterized by systematic formal errors. Article 303 of India's Criminal Code, which provided for the mandatory imposition of the death penalty, was found unconstitutional by the Supreme Court in 1983 and abolished. However, the Criminal Code has not been revised since then, so Article 303 is still included. The Supreme Court found in 2005 that Saibanna Ningappa Natikar had been convicted under Article 303, despite the fact that the offense in question was committed in 1994 and Article 303 had thus been found unconstitutional more than ten years earlier.
A two-person judicial panel of the Karnataka High Court of Justice did not initially come to a unanimous verdict in the case of Saibanna Ningappa Natikar, so a third judge decided on the appeal. He then upheld the death sentence. Even so, Saibanna Ningappa Natikar's death sentence continued to be based on a variety of reasons. The fourteen judges who asked the president to convert the sentence against Saibanna Ningappa Natikar found that the Supreme Court's decision in this case was per incuriam because the reasoning made the death penalty mandatory . This is in violation of the 1983 Supreme Court decision.
A total of 140 states, that is more than two thirds of all countries in the world, have decided against the death penalty in law or in practice. In 2011 executions were carried out in only 21 states; H. in less than 10 percent of the world. Of 41 countries in the Asia-Pacific region, 17 have completely abolished the death penalty, a further ten no longer implement it in practice, and Fiji only uses it for extraordinary military crimes. In the past decade, four Asia-Pacific countries have abolished the death penalty for all crimes: Bhutan and Samoa in 2004, the Philippines in 2006, and the Cook Islands in 2007. UN institutions and mechanisms have repeatedly called on member states to enforce moratorium on executions with the aim of abolishing the death penalty altogether. This was most recently made clear in the adoption of three UN General Assembly resolutions on the death penalty in December 2007, 2008 and 2010. India voted against all four resolutions. A general comment by the UN Human Rights Committee on Article 6 of the International Covenant on Civil and Political Rights (IPCPR), to which India is a State party, states that Article 6 "relates generally to the abolition [of the death penalty] in a manner that strongly suggests that abolition is desirable "and that" any action to abolish the death penalty should be seen as progress towards upholding the right to life ".
Amnesty International opposes the death penalty in all cases and without exception, regardless of the gravity and circumstances of the offense, the guilt, innocence or special characteristics of the person convicted, or the method of execution chosen by the state, as it is the cruelest, most inhuman and degrading of all punishments and violated the right to life.
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