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‘Interference in its functioning’: Law ministry claims report of Law Com draft for death penalty abolition ‘incorrect’

Interference or fair reporting of a draft position?
Interference or fair reporting of a draft position?

The Ministry of Law and Justice Press Information Bureau (PIB) has issued a press release that this morning’s Indian Express story had incorrectly reported that the Law Commission had recommended in its draft report that the death penalty should be abolished for anything other than terrorism offences.

The PIB statement reads:

A newspaper report appeared in the Delhi Edition of Indian Express dated 28 August 2015 captioned “End death penalty, keep it for terror only: Law Commission”.

The Law Commission of India clarifies that this is a case of incorrect reporting arid does not reflect the final recommendations of the Commission.

The “draft report” that has been reported upon is not the final version that is proposed to be submitted to the Union Minister of Law and Justice.

The Commission further clarifies that a subject like death penalty is extremely sensitive in nature, and reporting on such a subject without clearly understanding the views of the Commission may have an adverse impact on the public.

Attributing the final views of the Commission to a “draft report”, that was intended for private circulation amongst Members and meant for discussion, has opened up the issue for unnecessary speculation.

The Commission regards the news report as an interference in its functioning.

Indian Express bureau chief and legal editor Maneesh Chhibber tweeted in response:

story clearly said it’s draft report. Commission hasn’t denied that draft says abolish death penalty and that there’s dissent

The Express had reported:

In what will be a reversal of its earlier stand, the Law Commission of India is set to recommend abolition of death penalty in the country.

A 272-page draft report of the Law Commission, circulated among members, favours speedy abolition of the death penalty from the statute books, except in cases where the accused is convicted of involvement in a terror case.

The draft report hopes that the “movement towards absolute abolition will be swift and irreversible”. In 1962, the Law Commission, in its 35th report, had recommended retention of death penalty.

The final report, which is likely to be cleared by seven full-time members, including chairman Justice (retired) A P Shah, and four part-time members, could be submitted to the government either over the weekend or next Monday. There may not be unanimity on the recommendation for ending death penalty because some members are opposed to it. The term of the Commission ends on August 31.

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