1. Factual Background

• Incident Date: November 1, 2007.
• Crime: Rape and murder of a company employee during a late-night commute.
• Accused: Purushottam Dasrath Borate and Pradeep Yashwant Kokade.
• Conviction: Death sentence awarded under Sections 302, 376(2)(g), 364, 404, and 120-B of IPC.
• Confirmation: Death sentence upheld by High Court and Supreme Court in 2012 and 2015, respectively.

2. Procedural Delays in Mercy Petitions

• Mercy petitions were filed before the Governor (July 2015) and President (June 2016).
• Delays: The Governor took over five months to decide; additional delays occurred in forwarding documents and seeking clarifications.

3. Execution Warrant Delays

• Mercy petitions rejected by President in May 2017.
• Sessions Court issued execution warrants only in April 2019, following nearly two years of administrative inaction.

Key Legal Issues

1. Delay in Execution of Death Sentence: Does prolonged delay constitute a violation of Article 21 (Right to Life) of the Indian Constitution?
2. Rights of the Convict vs. Victim: Balancing the rights of condemned prisoners against the expectations of justice for victims and society.

Acts and Sections Discussed:

• Indian Penal Code (IPC): Sections 302 (Murder), 376(2)(g) (Gang rape), 364 (Kidnapping), 404 (Dishonest misappropriation), 120-B (Criminal conspiracy).
• Code of Criminal Procedure (CrPC): Sections 413, 414 (Execution of death sentence).
• Constitution of India: Article 21 (Protection of Life and Personal Liberty).

Ratio Decidendi:

1. Delay as a Ground for Commutation: Undue and unexplained delays in execution—whether in processing mercy petitions or issuing execution warrants—violate Article 21.
2. Inordinate Administrative Laxity: Responsibility of the Executive to expeditiously process mercy petitions and of Sessions Courts to promptly issue execution warrants.
3. Impact of Delays: Prolonged delays have a dehumanizing effect, mandating commutation of the death penalty to life imprisonment.

Final Judgment:

• The Supreme Court upheld the High Court's decision to commute the death sentences to 35 years of rigorous imprisonment due to the cumulative delays in the execution process.

Subjects:

Criminal Law, Death Penalty, Constitutional Rights
#DeathPenalty #Article21 #JudicialDelay #MercyPetition #HumanRights