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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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was referred to a Constitution Bench of this Court for

deciding the two questions of law viz., (i) whether the delay

in execution itself will be a ground for commutation of

sentence and (ii) whether two years’ delay in execution will

automatically entitle the condemned prisoner for

commutation of sentence. In Smt. Triveniben vs. State of

Gujarat (1988) 4 SCC 574, this Court held thus:

2. …..Undue long delay in execution of the sentence of
death will entitle the condemned person to approach this
Court under Article 32 but this Court will only examine
the nature of delay caused and circumstances that
ensued after sentence was finally confirmed by the
judicial process and will have no jurisdiction to re-open
the conclusions reached by the court while finally
maintaining the sentence of death. This Court, however,
may consider the question of inordinate delay in the light
of all circumstances of the case to decide whether the
execution of sentence should be carried out or should be
altered into imprisonment for life. No fixed period of delay
could be held to make the sentence of death inexecutable
and to this extent the decision in Vatheeswaran case
cannot be said to lay down the correct law and therefore
to that extent stands overruled.”

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