PT. PARMANAND KATARA, ADVOCATE Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition under Article 32 of the Constitution of India, in public interest, has been filed by Pandit Parmanand Katara, Advocate. Appearing in person he has raised two contentions before us. According to him the method of execution of death sentence by hanging under the Punjab Jail Manual (the Manual) is inhuman and as such is violative of Article 21 of the Constitution of India. The second contention raised by the petitioner is that under para 873 of the Manual, body of the condemned convict, after it falls from the scaffolds is required to remain suspended for a period of half an hour. According to him right to dignity and fair treatment continues in respect of the dead body of the condemned man.

(2.) THE first contention raised by the petitioner has been concluded against him by the judgment of this Court in Deena v. Union of India [AIR 1983 SC 1155], Bachan Singh v. State of Punjab [(1980) 2 SCC 684] and Jumman Khan v. State of U.P. [AIR 1991 SC 345]. Therefore, as at present advised, we do not agree with the first contention of the petitioner. The second contention of the petitioner is based on para 813 of the Manual which is as under :