HC to decide fate of two sisters on death row for kids’ kidnap-murder

HC to decide fate of two sisters on death row for kids’ kidnap-murder

Swati.Deshpande@timesgroup.com

Mumbai:19.12.2021

The Bombay high court on Saturday concluded the hearing and will soon decide the fate of two death row convicts, both women, who in 2014 had filed a petition to commute their capital punishment to life imprisonment. They cited “unjustified delay” by authorities in dealing with their mercy petition, causing them much agony and violation of their fundamental right to life.

The women, sisters Renuka Shinde and Seema Gavit, were tried for the 1996 case of kidnapping 14 children and murdering five of them in Kolhapur and convicted in 2001. In 2004, the high court had confirmed their death sentence and in 2006 the Supreme Court too had upheld the noose for them.

They have been in custody since October 22, 1996. The sisters had in 2014 petitioned the high court to commute the death sentence to life term citing unreasonable delay by the state in dealing with their mercy petitions, which thus violated their right to life.

The counsel for the sisters, Aniket Vagal, on Saturday at the final hearing before a bench of Justice Nitin Jamdar and Justice Sarang Kotwal said the sisters had in September 2006 submitted their mercy petition to the President but it was sent to the state since procedure prescribed it be first considered by the governor.

Public prosecutor Aruna Pai, opposing the petition, said death cannot be set aside looking at the gravity and heinousness of the offence. She said if the court is inclined to commute the sentence, it should be life imprisonment till remainder of their natural life.

The high court bench asked the public prosecutor to take instructions from the state government and clarify on Wednesday whether the government has powers to not commute the life imprisonment, which as per Supreme Court rulings means till the end of convict’s life.

In January 2008, Shinde said she filed another mercy petition before the President while her petition was pending before the governor and it was sent back to be placed before the governor. Gavit also sent a mercy plea in September 2008 and a follow-up request that October to the governor.

Vagal said that in August 2012 the governor rejected Shinde’s plea for mercy to commute death sentence to life imprisonment and a year later rejected Gavit’s plea.

On July 7, 2014, the President rejected their mercy petition and nine days later the Centre communicated it to the state, said their lawyer.

They were informed of the rejection on August 4, 2014, and they filed the petition before the high court saying they were “constantly living under fear of death for over 13 years”.

Centre’s counsel Sandesh Patil said there was no delay on part of the Centre. He said the 11-month gap from 2012 to 2013 was since the policy is to avoid conflicts and to send mercy petition of both the accused in same case together.