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A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud issued a notice to the Centre and sought its response in three weeks on the PIL which referred to the 187th Report of the Law Commission against the present mode of execution.
Lawyer Rishi Malhotra, who filed the PIL in his personal capacity, has also referred to various apex court judgements in which the practice of hanging a death row convict has been assailed. A provision in the Criminal Procedure Code provides that the mode of execution of death penalty would be hanging by the neck. The plea also challenges the constitutional validity of this provision.