SC issued notice to the Center
New Delhi: The Supreme Court on Friday agreed to consider a plea challenging the mandatory death penalty provision of the SC/ST Act. CJI D.Y. A bench headed by Justice Chandrachud and Justice J.B. A division bench of Justice Pardiwala and Justice Manoj Mishra issued notice to the Center and sought its response on the plea challenging the constitutionality of Section 3(2)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The impugned provision of the Act provides for death penalty only to a person who gives or fabricates false evidence against an innocent member of SC and ST and if such innocent member is convicted as a result of such false or fabricated evidence and Is hanged.
The petition, filed through advocate Jyotika Kalra, said, “This section orders mandatory death sentence without exercising judicial discretion and hence it is struck down as being beyond the scope of the Constitution of India and fundamental principles of constitutional law.” Need to.”
It said that mandatory death penalty is in direct violation of the judgments given by the Supreme Court in the cases of Mitthu vs. State of Punjab and State of Punjab vs. Dalbir Singh and, therefore, the impugned section provides for mandatory death penalty without any alternative. Any other form of punishment would be declared unconstitutional if it violates the guarantee enshrined under Article 21 of the Constitution.
