Kidnapping for ransom: Death punishment valid

However,giving them time to challenge the order in the Supreme Court,the court directed Patiala Jail Superintendent not to execute the “death warrants in abeyance” till October 12. The accused,Vikram Singh Walia and Jasvir Singh,were to be hanged at 9 am on October 5 in Central Jail,Patiala.

The judgment assumes significance as the duo had challenged the legal validity of the capital punishment awarded under Section 364-A of the Indian Penal Code (IPC) saying that under the said law death can be awarded only to those who are involved in international terrorism and not to “private individuals”.

Holding their challenge as “ill founded,deceptive and misleading”,a division bench headed by Justice Surya Kant in a 26-page judgment dismissed the petition for “beating around the bush”.

“No meaningful argument was advanced except reminding us the pious object behind Article 21 of the Constitution. The decision to hang the petitioners to death has been taken following the procedure established by law,” the judgment reads

Making it clear that death sentence cannot be abolished from Section 364-A of IPC,the court ruled ruled that “death was one of the sentences prescribed for the offence of a private individual’s kidnapping for ransom from the very inception of Section 364-A IPC in the year 1993.” “It has neither been omitted nor diluted by the subsequent amendment. The challenge to the ‘retrospectivity’ of the provision is totally deceptive and misleading”.

The petitioners had taken the ground that death sentence cannot be awarded in “a simpliciter case of kidnapping for ransom of a private individual”.

They had averred that the phrase “person” occurring in Section 364-A IPC “excludes an individual and is meant for a juristic person,company or association,or body of persons only.” The very object of amending Section 364-A IPC was to tackle international terrorism,” they had said.

They had argued that the death sentence awarded to them was “in utter disregard to the International Convention against the Taking of Hostages,1979 (‘Hostages Convention’),adopted by the United Nations General Assembly on June 3,1983 “. The said contention found no favour with the court.

Earlier,Assistant Solicitor General of India and counsels for Punjab and Haryana too had countered the submissions. The counsels had averred that the petition was “merely a cloak to delay the execution of death warrants,for even if the challenge to death sentence under Section 364-A succeeds,the same awarded for the offence under Section 302 IPC (murder) still sustains and is final”.

The argument found favour with the court as Justice Surya Kant held that the two have been guilty of murder and even if their petition succeeds,the same will “not change their fate”.