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The Supreme Court on Friday suspended the execution of drug offender Abhinav Bindra, who has been convicted on 14 counts of trafficking in opiates, after a court refused to give a deadline for his execution.
The high court said it has refused to grant any time limit for executing the accused. The court said the death penalty should only be implemented after conviction of the defendant.
Bindra, an engineer, was convicted of smuggling heroin and cocaine into Canada in 2009. Four years later, the Supreme Court upheld his death sentence, citing the “totality of the circumstances” and the death penalty is necessary to ensure public safety. Bindra had previously fought his sentence and appealed to Canada’s top court.
In 2013, the Supreme Court upheld the constitutionality of the death penalty for people convicted of serious drug offences, even though it had previously declined to review a previous decision.
The Supreme Court said that “in the current context, the court should not entertain any aspect of the appeal. Moreover, the question presented is a legal one” and that it should not be “interfered with in the interest of expeditious justice.”
It added that the trial judge, who sentenced Bindra, and the four provincial court court judges were “completely free to review and alter the judgment in light of new evidence that would have been presented at the hearing.”
Bindra was convicted in 2008 of smuggling two kilograms (four ounces) of cocaine and a kg of heroin into Ontario between October 2005 and April 2007. The Crown had argued that there were enough reasons for the trial judge to consider a lesser sentence, with one exception.
The judge had recommended 18 years in prison — which the prosecutor would have accepted — for Bindra, with 25 years of hard work and a four-year supervised release period.
The prosecution contended that the heroin
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