Case Note & Summary
The case involved a writ petition filed by Smt. Shashi Nayar, the wife of Raj Gopal Nayar, who was sentenced to death for murdering his father and stepbrother under Section 302 of the Indian Penal Code. After being convicted by the Sessions Judge and having his death sentence confirmed by the High Court, Raj Gopal's appeals and mercy petitions were rejected. Facing execution on 26.10.1991, Smt. Nayar challenged the constitutionality of the death penalty under Article 32 of the Constitution, arguing that it violated Article 21, lacked social purpose, and was dehumanizing. The Supreme Court dismissed the petition, affirming that capital punishment is constitutional and serves a deterrent effect, particularly in light of deteriorating law and order conditions in India. The court referenced previous judgments, including Jagmohan Singh v. State of U.P. and Bachan Singh v. State of Punjab, to support its decision. The court concluded that the execution method of hanging is scientifically justified and not cruel, thus rejecting the petition and vacating the interim relief order (Paras 106-108).
Headnote
A) Constitutional Law - Capital Punishment - Constitutionality - Constitution of India, 1950, Article 21 - The court held that capital punishment does not violate Article 21 as it is awarded in rarest of rare cases and the procedure established by law is reasonable. The court found that hanging is a scientific and less painful method of execution, thus upholding the validity of the death penalty (Paras 106-108).
Issue of Consideration
Whether capital punishment is unconstitutional under Article 21 of the Constitution of India.
Final Decision
The Supreme Court dismissed the writ petition, affirming the constitutionality of capital punishment and the method of execution by hanging, stating it is reasonable and does not violate Article 21.
Law Points
- capital punishment
- Article 21
- constitutional validity
- deterrent effect
- execution methods
