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In the event of rejecting the review pleas of two death convicts in Nirbhaya case, the Supreme Court has observed that abolition of death penalty by several countries like the United Kingdom, Latin American countries and Australian states can make for no ground to abolish the death penalty in our country as well.
While the AP Singh, the advocate of the convicts contended that it goes against the principle of nonviolence that India has advocated for decades. Also the fact that in a large number of countries, the death penalty has been abolished. Senior Advocate Sidharth Luthra, appearing for the state, submitted that death penalty has already been upheld by the constitution bench of the apex court in Bachan Singh vs. State of Punjab and that its abolition is a legislative function and for the courts to consider the said submission.
The court observed, ‘So far the death penalty remains in the Penal Code the Courts cannot be held to commit any illegality in awarding death penalty in appropriate cases.’
The court rejected the submissions made by advocate AP Singh stating that they were not based on any substantial grounds that may point out to any error in the trial so as to furnish any ground to review any judgment.
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