Death penalty: MP withdraws incentives for prosecutors

NEW DELHI: A policy that offered incentives to prosecutors for securing capital punishment was withdrawn by the Madhya Pradesh government fearing an adverse judgment from the Supreme Court, which has reserved its order in the matter.

“In the state of Madhya Pradesh, any such policies existing for public prosecutors in which any kind of incentive or encouragement is given to them to secure death penalty or conviction during trial is hereby withdrawn and the same stands cancelled,” stated the order issued by the Madhya Pradesh directorate of public prosecution in Bhopal on Friday.

The state government said it would inform about its decision to the SC when it reopens in July.

The state’s policy was criticised as unconstitutional by the top court, which reserved orders on its validity in a suo motu (on its own) proceeding on May 19.

The policy under challenge titled “Prosecution Performance Evaluation and Monitoring System” was introduced by the state government in January 2017 to encourage and improve the performance of prosecutors. For each conviction, positive points were awarded, while for acquittals, prosecutors were given negative marks. In case of death penalty, 1,000 weightage points were added and the prosecutor securing most points got the title “Pride of Prosecution”.

In January 2019, the state introduced a Lifetime Achievement Award promised to a prosecutor who secured five or more death sentences. Warning letters were issued to those who fell below the mark. Prosecutors who performed well on each of these parameters were given preference in getting postings of their choice, besides improved career prospects as the numerical points awarded were considered while writing their annual confidential reports.

The policy was brought to the notice of the Supreme Court in a proceeding for framing of uniform guidelines regarding “mitigating circumstances to be considered while imposing death penalty”.

“Put your house in order,” the court told the state on May 19. “These incentives must stop. We will reserve orders but it shall be open to you to withdraw it. If you stick to it, we will pass a judgment when the court reopens after vacation. You have sufficient time.”