‘Vice of a Virtue’
By
J.L. Gupta
I have been to jail. Several
times. Often, in august company. And every time it has been an exposure to a
catalogue of wrongs. Be it food, hygiene or other conditions. Nevertheless,
each visit has been an experience. The memory of one visit comes alive.
It was a high security
prison. A part of the jail had the condemned prisoners’ cells. For persons
sentenced to death. To keep them in solitary confinement. Away from all others.
Even from the other convicts and under-trials. Having not seen one earlier, I
was curious. Wanted to see the cell as well as the inmate. I wondered if those
who commit murder actually look like the butcher in a meat shop. So, I had
walked to the section. The cell looked very small in size. Cramped. Just a
raised platform made of brick and mortar. It was the bed and bath room. All in
one. Behind iron bars. And a sentry
outside with a gun to keep constant vigil on the inmate. Day and night.
The occupant was a young
man. In late twenties. Or possibly, even in early thirties. A handsome face.
Chiselled features. Fair complexion. Tall. Almost athletic in appearance. I was
told that he had been there for quite some time. The pale face was once pink.
What looked a bundle of bones was once a well built body. He had really ‘lost
weight after the court had dismissed his appeal.’ Now his petition for the
presidential pardon was pending. Probably, it held some hope for him.
Instinctively, I felt
concerned. Despite the knowledge that he must have committed a heinous crime, I
tried to make some conversation with him. The response was one of total
indifference. Asked him if he needed anything. “No! Now nothing makes any
difference.” And saying that, he raised his shirt sleeve. Pinched his arm. Pulled
the skin off his forearm. Not a drop of blood oozed out. There was not even a
suggestion of any pain on his face. Surprising? Yes! But true. Probably, this
was the young man’s way of saying that solitary confinement kills. The lurking
fear of death destroys the body cells. Bit by bit. It deadens the nerves. Also
that the fear of impending death had freed the body from the sensation of pain.
Yet, the petitions for
presidential clemency remain pending. Interminably. For long periods of time.
Even years. In Chatterji’s case from Calcutta, the solitary confinement had
lasted for more than a decade. The journey from decision to death is long and
arduous. Why?
Clemency is an act of
kindness. Do we not make it a cruel curse by delaying the decision? Are we not prolonging
the agony of uncertainty? Are we not making a vice of a virtue? It is no wonder
that the Supreme Court in the case of Shatrughan Chauhan & Another versus
UOI was persuaded to commute death penalty to that of imprisonment for life in
a number of cases where the Government had delayed the decision for years
without any justification.
The government's reticence, seems to question the validity of the verdict. It suggests
that since the Constitution does not lay down any time limit, the view taken by
the Court is not correct. It is also suggested that the exercise of clemency
jurisdiction is not questionable before courts. The argument is, in my view
untenable, legally as well as morally. Legally, because when the Constitution
vests the power in the high dignitaries like the President or the Governor, it
expects them to act efficiently and reasonably. Also morally, because in
matters of life and death, no authority, howsoever high, can adopt a
lackadiasical attitude in dicharging a constitutional duty. Secondly, judicial
review is a basic feature of our Constitution. Hopefully, the executive shall
do its duty without delay or demur in future. It shall not continue to make a
vice of virtue.