Case Note & Summary
The Supreme Court addressed transferred cases concerning death row convicts V. Sriharan @ Murugan, T. Suthendraraja @ Santhan, and A.G. Perarivalan @ Arivu, who challenged the constitutionality of their death sentences due to excessive delays in the disposal of their mercy petitions. The petitions were initially filed in the Madras High Court and later transferred to the Supreme Court under Article 139A of the Constitution. The petitioners contended that the execution of their death sentences was unconstitutional due to a delay exceeding 11 years in the consideration of their mercy petitions by the President of India. The court referenced its earlier ruling in Shatrughan Chauhan & Anr. vs. Union of India, which established that undue delay in executing a death sentence constitutes torture and violates Article 21 of the Constitution. The court found that the delays in this case were inordinate and not attributable to the petitioners, thus qualifying as grounds for commutation. The Attorney General argued that the delay was not unreasonable and that the petitioners had not demonstrated sufficient suffering due to the delay. However, the court clarified that the mere existence of delay, regardless of the petitioners' conditions in prison, was sufficient to warrant relief. Ultimately, the court commuted the death sentences of all three petitioners to life imprisonment, emphasizing the need for timely disposal of mercy petitions to uphold the principles of justice and fairness (Paras 1-31).
Headnote
A) Constitutional Law - Commutation of Death Sentence - Inordinate Delay - Article 21, Article 72 of the Constitution of India - The court held that inordinate delay in the disposal of mercy petitions violates the fundamental right to life and can warrant commutation of death sentences to life imprisonment. The delay in this case was found to be unreasonable and not caused by the petitioners, thus qualifying as a supervening circumstance for commutation (Paras 15-31).
Issue of Consideration
Whether inordinate delay in disposing of mercy petitions constitutes a supervening circumstance for commutation of death sentences.
Final Decision
The Supreme Court commuted the death sentences of V. Sriharan @ Murugan, T. Suthendraraja @ Santhan, and A.G. Perarivalan @ Arivu to life imprisonment due to inordinate delay in the disposal of their mercy petitions, emphasizing the need for timely action by the executive in such matters.
Law Points
- Article 21
- Article 72
- commutation of death sentence
- undue delay
- fundamental rights
- mercy petitions
