The death penalty is considered the most severe punishment handed down by the judiciary. Traditionally, after sentencing someone to death, judges break the nib of their pen and discard it. However, in the recent Parassala Sharon murder case, Neyyattinkara Additional District Sessions Judge AM Basheer has deviated from this longstanding custom.
Reports indicate that after delivering the 568-page verdict sentencing Greeshma to death by hanging, Judge Basheer did not break or discard his pen’s nib. Instead, the pen remains intact, symbolizing that it will continue to serve justice in the future. According to senior advocates, Judge AM Basheer does not follow this tradition or hold such beliefs.
One explanation for breaking the pen’s nib after issuing a death sentence is to avoid reconsidering the decision and to symbolize that the pen, which took a life through its judgment, should no longer be used for other purposes. It represents the weight and finality of the decision. However, Judge Basheer is among the judiciary who do not subscribe to this practice, believing that the pen still has a role in ensuring justice.
The judiciary imposes the death penalty only on the most heinous criminals. Compared to other countries, India rarely awards capital punishment, and Kerala is no exception. Historically, judges in the state would follow the tradition of breaking the pen nib after writing the death sentence. However, in the Aluva murder case, Ernakulam POCSO Court Judge K Soman also deviated from this custom by choosing not to discard the pen after issuing the verdict.
This deviation from tradition has sparked a wide range of opinions and discussions within legal circles.
