Shabbir Khan, father of Shahzadi Khan.
The story so far: On March 3, the Ministry of External Affairs (MEA) informed that the execution of Shahzadi Khan, an Indian national sentenced to death in the UAE for the alleged murder of an infant, was already carried out. The Ministry’s confirmation came as a response to a petition filed by her father Shabbir Khan. In less than a week, the Ministry confirmed that two more Indian nationals, convicted in separate cases, were also executed in the UAE.
How many are on death row abroad?
As per the data disclosed by the MEA in Rajya Sabha on March 20, a total of 49 Indians are currently on death row. The number of Indians awarded death sentences by foreign courts is the highest in the UAE with 25 Indian nationals awaiting their sentences, followed by 11 in Saudi Arabia.
What has been India’s response?
The MEA, in its reply to the Rajya Sabha, mentioned that Indian Missions abroad provide all possible assistance to Indian citizens sentenced by foreign courts.
Explaining the MEA’s approach to such cases, Talmiz Ahmad, India’s former Ambassador to Oman, the UAE, and Saudi Arabia, said, “There are three processes. First is the arrest and the indictment by the police authorities. Second is the prolonged judicial process. There is a third element — pardon by the ruler or the head of the state. When you say someone is on death row, it means the first and second processes have been completed. The judicial process has been completed and the judge has pronounced that sentence. After that, the only thing that is available to the embassy or the person concerned is to appeal to the ruler.” The appeal for pardon is made by a family member of the accused and if the family is located in India, they are guided to submit the petition. The Indian embassy then forwards the petition to the foreign office requesting that it be brought to the ruler’s attention.
In many Gulf countries, sentences can also be commuted in exchange for blood money. Blood money refers to the compensation paid to the victim’s family as an alternative for retribution. But, it has to be accepted by both the state and the aggrieved family. In some cases, the state may refuse to commute the sentence in exchange for blood money based on the nature of the crime.
Can the embassy do more?
Death sentences are given in very exceptional cases such as murder, rape and treason. In countries which have authoritarian systems with nearly non-transparent judicial processes such as Saudi Arabia, the Indian embassy is not informed about the arrest or judicial processes or the pronouncement of the death sentence. The Embassy receives a formal note about the details of the Indian national only after the execution. The embassy’s role is further limited when the accused confesses to the crime — circumstances of which often remain unknown. On the other hand, in countries with relatively open judicial systems, the embassy can nominate a lawyer. Whenever required, it also uses welfare funds to provide legal services to those who need it.
Has India intervened successfully in the past?
The government has successfully intervened in several cases. In February last year, eight Indian navy veterans who were sentenced to death by the Qatari government were released following the Indian government’s diplomatic efforts and appeals at a higher court. Gurdip Singh, an Indian national arrested on charges of drug trafficking in Indonesia, was sentenced to death in 2005 by the Tangerang court. Singh’s appeal was turned down by the High Court of Banten and later the Supreme Court. However, he was spared due to the Indian government’s intervention.
Published – March 26, 2025 08:30 am IST