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Supreme Court Judgement on Mercy Pleas

Supreme Court Judgement on Mercy Pleas

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Published by NDTV
Supreme Court Judgement on Mercy petitions
Supreme Court Judgement on Mercy petitions

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Published by: NDTV on Jan 21, 2014
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03/23/2014

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that the trial Court relied on certain decisions which were

later held to be per incuriam, in view of the fact that there is

a delay of 9½ years in disposal of the mercy petition, there

is no need to go into the aspect relating to the merits of the

judicial decision. On the other hand, we are satisfied that

even though the Union of India has filed counter affidavit,

there is no explanation for the huge delay. Accordingly, we

hold that the delay in disposal of the mercy petition is one of

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the relevant circumstances for commutation of death

sentence. Further, we perused the notes prepared by the

Ministry of Home Affairs as well as the decision taken by the

President. The summary prepared by the Ministry of Home

Affairs for the President makes no mention of the

unexplained and undue delay of 9 ½ years in considering

the mercy petition. The petitioner has rightly made out a

case for commutation of death sentence into life

imprisonment.

Writ Petition (Crl.)No. 193 of 2013

151) Gurmeet Singh, aged about 56 years, hailing from U.P.

has filed this petition. According to him, he is in custody

for 26 years.

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