Germany leadership is currently on a 3-day tour of India. Chancellor Angela Merkel expressed strong opposition to Capital punishment in India due to which the two countries are unable to proceed further on the Mutual Legal Assistance Treaty (MLAT).
While Germany has consistently expressed a strong voice in opposition to the death penalty, the BJP led Indian government is in no mood to cooperate. A nine member law commission had recommended the abolition of capital punishment except in terror related cases by noting that it does not serve the penological goal of deterrence any more than life imprisonment.
“Discussions within the Ministry as well as with the Law Ministry are continuing, and a final decision is expected to be taken this week. In all probability, the recommendation for abolition of death penalty will be rejected,” a senior Home Ministry official said.
Prof. Davenderpal Singh Bhullar’s case could be referred here who was deported from Germany. He was surrendered to India by Germany under condition that he would not be granted death penalty. However, soon after his arrival in India he was indicted in many cases and was given capital punishment by the court.