Bombay High Court reserves verdict in plea by Seema Gavit, Renuka Shinde to commute death sentence to life imprisonment

The Bombay High Court on Wednesday reserved its verdict in the review mercy petition filed by half sisters Renuka Shinde and Seema Gavit who were convicted and sentenced to death for abducting and murdering children between 1990 to 1996 [Renuka Shinde & Anr. v. State of Maharashtra & Ors.].The plea filed under Article 226 through advocate Aniket Vagal, sought commutation of death sentence to life imprisonment on the ground of inordinate delay of about 8 years in execution of their death sentence.The sisters were booked for kidnapping children and using them to commit robberies, before eventually murdering them.Their mother Anjanabai, who was also one of the accused, had passed away during pendency of the case.The two sisters were convicted in 2001 by the Sessions Court at Kolhapur for kidnapping thirteen children and murdering six of them. They were sentenced to death by the Sessions Court which was confirmed by the High Court in 2004 and thereafter by the Supreme Court in 2006.The convicts approached the Governor in 2008 with mercy petition which came to be rejected in 2012-13.After this, the convicts filed mercy plea before the President which was also rejected in 2014..The sisters stated in their present plea before the High Court that they have been constantly living under the fear of death for more than 13 years from the time the High Court and the Supreme Court confirmed their death sentence.“The extraordinary and unjustified delay in execution of their death sentence has caused immense mental torture, emotional and physical agony to them,” their plea stated..The petitioners submitted that the delay in deciding their mercy petitions is entirely attributable to the executive including the Governor of Maharashtra, State Government, Central Ministry of Home Affairs and President of India..They have been in custody for over 25 years till December 15, 2021 and therefore invoked their fundamental right under Article 21 through the present petition..Advocate Sandesh Patil appearing for the Central government, argued that the mercy petition had been sent across to the President as soon as it was received from the State government.He pointed out the President had decided the application within 10 months and there had been no delay on their part..On the other hand, Chief Public Prosecutor Aruna Pai stated that if the Court is considering reducing death sentence to life imprisonment, then it should specify life imprisonment till natural death considering there was no scope for reformation..On a specific query by the Court on the remission which the State government could grant, Pai clarified that the State government was supporting the death sentence and will consider remission in the event the Court commutes the sentence to life imprisonment.