Today, the Supreme Court, while hearing the Public litigation seeking a painless end for death convicts, remarked that the Government is not ready to evolve over a period of time as the procedure of hanging is very old procedure.

Earlier, the Court suggested that it should have better data from India and overseas on what is the impact of death by hanging in terms of pain etc. and to look at the matter from technological and scientific points of view.

The Bench of Justice Vikram Nath and Justice Sandeep Mehta heard the matter and orally remarked, "The Government is not ready to evolve over a period of time...old procedure. Things have changed over a period of time."

The Advocate appearing for Respondent submitted that the government is considering to constitute a committee to review the issue and they will seek instructions on this aspect.

Thereafter, Advocate Rishi Malhotra, appearing in-person, submitted that the best way to ensure a less painful execution of death penalty is lethal injections.

"49 out of 50 States of US has adopted Lethal Injections. At least give option to the prisoner that he wants hanging or Lethal Injection, because Lethal Injection is quick, humane and decent as compared to cruel hanging and lingering for 40 mins on the rope itself", submitted Malhotra.

Upon which, Justice Mehta said to Respondent, "You should advise on this proposal which is coming from Mr. Malhotra regarding providing an option."

"This is also addressed in the counter-affidavit that this may not be a very feasible option", replied the Advocate.

"The Government is not ready to evolve over a period of time...old procedure. Things have changed over a period of time", remarked Justice Mehta.

While the Advocate submitted that it is a policy decision and the government can take a decision on this.

Accordingly, the matter was adjourned till November 11.

Case Title: Rishi Malhotra v. Union of India (W.P.(Crl.) No. 145/2017 PIL-W)

Justice Vikram NathJustice Sandeep Mehta

Pridhi Chopra