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Shatrughan Chauhan & Anr. v. Union of India & Ors.

Shatrughan Chauhan & Anr. v. Union of India & Ors.

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Published by: Bar & Bench on Jan 21, 2014
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02/05/2014

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mulcted with TADA charges which ultimately ended in

death sentence. Mr. Ram Jethmalani, learned senior

45

counsel for the petitioners in that writ petition argued

against the ratio laid down in Devender Pal Singh Bhullar

vs. State (NCT) of Delhi (2013) 6 SCC 195 which holds that

when the accused are convicted under TADA, there is no

question of showing any sympathy or considering

supervening circumstances for commutation of sentence,

and emphasized the need for reconsideration of the verdict.

According to Mr. Ram Jethmalani, Devender Pal Singh

Bhullar (supra) is per incuriam and is not a binding

decision for other cases. He also prayed that inasmuch as

the ratio laid down in Devender Pal Singh Bhullar (supra)

is erroneous, this Court, being a larger Bench, must

overrule the same.

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