Between 14 years and the gallows, Pg8

Key Highlights:

• A Madurai trial court sentenced nine suspended policemen to death on April 6 for the custodial killings of P. Jayaraj and his son J. Bennix in June 2020.
• Judge G. Muthukumaran cited the "rarest of rare" doctrine from Bachan Singh v State of Punjab (1980).
• Trial courts in India cannot impose fixed-term life sentences without remission, a power reserved for High Courts and the Supreme Court.
• The Supreme Court's ruling in Union of India v V. Sriharan @ Murugan (2015) affirmed this limitation on trial courts.

Detailed Insights:

• The "rarest of rare" doctrine allows the death penalty only when life imprisonment is "unquestionably foreclosed".
• Intermediate sentences (life imprisonment quantified in years without remission) have become common in higher courts but remain off-limits to trial courts.
• The Supreme Court acknowledged the gap between 14 years (ordinary life imprisonment with remission) and death, which the special category of sentencing was meant to bridge.
• Trial courts already have the power to impose the death penalty, raising questions about why they cannot impose the lesser sentence of life without remission.
• The Square Circle Clinic's report indicates that trial courts often ignore guidelines for gathering information about prisoners before imposing death sentences.
• The Madras High Court, reviewing the Sattankulam verdict, has the option to convert the death sentences into fixed-term life imprisonment without remission.
• Extending the special category of fixed-term sentencing to trial courts could address one aspect of the problem, but a broader reconsideration of sentencing guidelines is needed.

Key Concepts Involved:

• Rarest of Rare Doctrine: The principle that the death penalty should only be imposed in the most extreme cases, when there is no other suitable punishment.
• Life Imprisonment with Remission: A life sentence that can be reduced through good behavior or other factors, typically resulting in a 14-year minimum term.
• Life Imprisonment without Remission: A life sentence where the prisoner is not eligible for parole or early release, serving the entirety of their natural life in prison.