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ARTICLE · 29 JANUARY 2015

Death Sentence: Effect Of Delay In Disposal Of Mercy Petition

S&A Law Offices
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S&A Law Offices

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The issue in question is whether delay in execution of death sentence can be a sufficient ground or reason for substituting such sentence by life imprisonment?

IndiaLitigation, Mediation & Arbitration

Hon'ble Apex Court vide its Judgment passed by full bench in matter 'Ajay Kumar Pal Vs. Union of India And Another1' on 12.12.2014 has allowed the Writ Petition (Criminal) No.128 of 2014 with holding that if there is undue, unexplained and inordinate delay in execution due to pendency of mercy petitions or the executive as well as the constitutional authorities have failed to take note of/consider the relevant aspects, this Court is well within its powers under Article 32 to hear the grievance of the convict and commute the death sentence into life imprisonment on this ground alone however, only after satisfying that the delay was not caused at the instance of the accused himself.

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