New Delhi, Jabuary 23: Asian Centre for Human Rights (ACHR) today welcomed the commutation of death sentence of four death row convicts i.e. Krishna Mochi, Nanhe Lal Mochi, Bir Kuer Paswan and Dharmendra Singh @ Dharu Singh by President Pranab Mukherjee. They were convicted in the Bara massacre case of 13 February 1993 in Bihar.
The State Government of Bihar and the Ministry of Home Affairs had recommended rejection of mercy petitions of Krishna Mochi and others. However, President Pranab Mukherjee set aside the recommendations of the MHA and the Government of Bihar in the light of the recommendation made by the National Human Rights Commission acting on a complaint filed by Asian Centre for Human Rights for commutation of death sentence on the ground of inordinate delay.
“That the President of India commuted the death sentence in the light of the recommendations made by the NHRC establishes one more layer of protection to the death row-convicts”- stated Asian Centre for Human Rights.
On 8 June 2001, the Sessions Judge, Gaya-cum-Designated Court under Terrorist and Disruptive Activities (Prevention) Act, 1987 found Krishna Mochi, Nanhe Lal Mochi, Bir Kuer Paswan and Dharmendra Singh alias Dharu Singh guilty and awarded the death sentence. On 15 April 2002, the Supreme Court confirmed their death sentence though Justice M B Shah had dissented against the award of death sentence.
Following the confirmation of the death sentence, these death row convicts filed mercy petitions with the President in 2003 and the prison authorities of Bihar forwarded their mercy petitions to the President of India on 3 March 2003. However, their mercy petitions were lost!
On 6th February 2014, ACHR filed a complaint with the NHRC against the refusal and or failure to consider the mercy petitions filed by the four death row convicts, Krishna Mochi, Nanhe Lal Mochi, Bir Kuer Paswan and Dharmendra Singh @ Dharu Singh who are currently lodged in District Jail, Bhagalpur and seeking commutation of the death sentence. The NHRC issued notices to the MHA and the State Government of Bihar to submit their replies.
After perusing the replies of the MHA and the State Government of Bihar, the NHRC in its substantive recommended commutation of the death sentence.
