*10 November 2011* *What about rights of security personnel killed, asks Justice Singhvi*
Death row convict Devender Pal Singh Bhullar, whose mercy petition has been rejected by President Pratibha Patil, is now suffering from mental illness and could not be executed, senior counsel K.T.S. Tulsi argued in the Supreme Court on Wednesday. *Ground of delay* Quoting judgments of the U.S. Supreme Court, Mr. Tulsi submitted before a Bench of Justices G.S. Singhvi and S.J. Mukhopadhaya that the execution of a mentally ill person would be unconstitutional. Both Bhullar and his wife had filed writ petitions for commutation of his death sentence to life imprisonment on the ground of delay in the disposal of his mercy petition, and these petitions are heard together. Bhullar was sentenced to death by a designated TADA Court on August 25, 2001, for his role in the September 10, 1993 bomb blast in Delhi that targeted the cavalcade of the then All-India Youth Congress president, Maninderjit Singh Bitta. Mr. Bitta escaped with serious injuries, but nine security personnel were killed and 27 injured. Mr. Tulsi said Bhullar was admitted to the Institute of Human Behaviour and Allied Sciences. He produced a medical report issued by doctors on September 2, 2011, to back his contention that Bhullar was mentally depressed and ill. *Split verdict* When Justice Mukhopadhaya wanted to know the distinction between a “mentally retarded” person and a “mentally ill” person, Mr. Tulsi said that at the time of the incident, Bhullar was of sound mind but later he became a mentally ill person, and he was not mentally retarded. He argued that the death penalty should be awarded only by a Constitution Bench, and there should be no death penalty in case of a split verdict, as had happened in his case. http://www.thehindu.com/news/national/article2612966.ece -- You received this message because you are subscribed to the Google Groups "Mental Health Advocacy (News 'N Views) India" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/MhaNewsViewsIndia?hl=en ------------- Affiliated Groups : MENTAL HEALTH ADVOCACY INDIA [email protected] Discussions on mental health law / policy / plan monitoring / human rights etc [email protected] India-specific news and views related to mental health [email protected] Information and support to carers of people with mental health issues [email protected] Mutual support and sharing of experiential knowledge, skills and social learning amongst peers
