Death penalty is substituted by Apex Court with a “special category” of prolonged life imprisonment.
Child rapist and murderer, Tattu Lodhi was saved from the noose on Friday as the Supreme Court has decided to go for a “innovative sentence” instead of the death penalty.
This new judicial innovation, was put into practice by a Supreme Court’s Constitution Bench in the Rajiv Gandhi killers’ case in December 2015, appears to help “get rid of death penalty in India.”
It also addresses the pertinent and genuine Societal concerns to see that justice is done. It was ruled by a three-judge Bench led by Justice J. Chelameswar observed in its recent judgment.
No remission Sentence
The innovation in Sentence involves substitution of death penalty with a new “special category” of life imprisonment or Sentence without the benefit of early release on remission for extended periods ranging between 25 to 30 years.
This new approach distances itself away from capital punishment.
In its judgment in Union of India versus Sriharan alias Murugan last year ApexCourt had created a special category for a limited “very few cases”.
It also finds mention in the Swami Shraddananda versus State of Karnataka judgment of the Supreme Court in 2008 with an aim that “no party (convict or the society) a loser”.
Convict Tattu Lodhi was as a result saved from the hangman’s rope, but he was stripped of his right to apply for release from prison on remission for the next 25 years. This means his release after serving the first 14 years was effectively declined.
Bench said that it would be justice enough for the rape and murder of a “defenseless child” whose body was recovered in a gunny bag at Lodhi’s residence in 2011.