Bench divided on referring of death sentence

KOCHI: A Division Bench of the Kerala High  Court on Friday expressed different opinions on the issue of referring the death sentences to a larger Bench.The Bench comprising Justice R Basanth and  Justice K Vinod Chandran put forth different views on the legal question on whether the Session’s Judge (at district level) could impose harsher life sentence by extending life term beyond 14 years without parole, instead of awarding death penalty.According to Justice R Basanth, the issue referred to a larger Bench must consider the matter exhaustively and lay down an authoritative law so that there will be no confusion in the minds of Sessions Judges about their obligation before imposing death sentences.Justice K Vinod Chandran, however, took an opposite view. He said as many as 10 death sentence cases referred by District and Sessions Judges could be considered by the Division Bench itself.“I’m unable to persuade myself to refer the matter to a larger Bench for laying down the guidelines,” he said.Delivering the judgment on the eve of his retirement, Basanth said that a Bench of five judges should consider the matter and formulate guidelines when awarding death sentences.The Sraddananda case can be considered a good example for Judicial Innovation, he said.Justice Vinod Chandran observed that it was imperative that the Bench must consider the  case on merit to wipe off the long, dark shadow of death over the convict.Justice Basanth said the trial court should be guided properly in identifying the offence that could not be categorised as rarest of rare by the nature of crime.Justice Vinod Chandran said that as per the Swami Sraddananda case, the High Court had the power to impose a harsher punishment which  went beyond 14 years. He disagreed with the view of Justice Basanth that such powers could be exercised by the Sessions Judge as well.Basanth said the Constitutional Benches had declined to make any categorisation of offences for awarding death sentences.“The Supreme Court had not conferred any power on the Sessions Court to impose a sentence beyond 14 years without commutation and remission. Swami Sraddananda case had intended to lay down good and sound legal basis on a uniform policy to be followed by the Supreme Court and the High Court. The Supreme Court had restrained them from laying down any guidelines fettering the judicial discretion of the court,” he said.Justice Vinod Chandran opined that a reference in the death sentence should be expedited. According to him, the Division Bench can consider the cases on individual merit and decide if harsher sentence was required.Reference to a larger Bench would cause substantial delay which would render injustice to the accused who are in prison awaiting the decision on their fate, he said. The cases would now be referred to another judge.