Bhullar, the Bogey of Human Rights, and the Death of Due Process
| DOI | 10.1177/2277401720130108 |
| Published date | 01 June 2013 |
| Date | 01 June 2013 |
| Subject Matter | Article |
BHULLAR, THE BOGEY OF HUMAN RIGHTS,
AND THE DEATH OF DUE PROCESS
Aparna Chandra*
In Devender Singh Bhullar v. NCT, Delhi (“Bhullar”), decided in
April, 2013, the Indian Supreme Court held that though normally
delay in deciding a death row inmate's mercy petition may be a
ground for commuting the death sentence, such commutation
is not appropriate in 'terror' cases. This case comment analyses
the Bhullar decision and argues that the judgment violates both
binding precedent on the specific question of delays as a ground
for commutation of a death sentence; as well as fundamental
constitutional norms of due process enshrined in Article 21 of the
Constitution. The comment also points to the disturbing trend in
all branches of the state of treating terror cases as exceptions to
thA rule of law, a view that the Supreme Court appears to endorse
in Bhullar.
I. THE CASE: “PROOF BEYOND REASONABLE DOUBT IS
A GUIDELINE, NOT A FETISH” ............................................................. 120
II. DELAY AND THE DEATH ROW PHENOMENON ..................................... 121
A. The “Dehumanizing” Effect ........................................................... 122
B. The Double Punishment Claim........................................................ 123
III. THE COURT'S REASONS: “THE BOGEY OF HUMAN RIGHTS” ............ 124
IV. TERRORISM AND THE LEGAL BLACK HOLE ........................................ 127
V. CONCLUSION: WHITHER DUE PROCESS ON DEATH ROW? ................ 128
The recent spate of executions and denial of clemency petitions has
brought the issue of the death penalty to the forefront of legal and political
*Assistant Professor, National Law University, Delhi. A previous version of this article
appeared in the online legal news and analysis website, Bar and Bench. See Aparna Chandra,
Bhullar, the Bogey of Human Rights, and the Death of Due Process, Apr. 26, 2013, BAR AND
BENCH, h ttp://barand bench.com/con tent/bhullar- bogey-human-r ights-and-de ath-due-
process#.UY_oJbX-FDQ
To continue reading
Request your trial