Case Note & Summary
The case involved a petition filed by Kuljit Singh alias Ranga challenging the death sentence imposed upon him. The Supreme Court examined the scope of the President's power under Article 72 of the Constitution to commute death sentences. The court noted that the only possible sentence for the petitioner was death, and there were no circumstances justifying interference with that sentence. The court emphasized that the President has the discretion to commute sentences but must consider the facts of each case. The court referenced its previous judgment, highlighting the brutal nature of the crime and the necessity of upholding social order. The petition was dismissed, and the stay on execution of the death sentence was vacated, with the court finding no merit in the arguments presented by the petitioner's counsel. The court concluded that the President's refusal to commute the sentence was within his discretionary powers and did not constitute an abuse of that power.
Headnote
A) Constitutional Law - Clemency Jurisdiction - Scope of President's Power - Constitution of India, 1950, Article 72 - The court held that the only sentence that could be imposed was death, and no circumstances warranted interference with that sentence. The President did not transgress his discretionary power in refusing to commute the sentence (Paras 59-60).
Issue of Consideration
Whether the President's refusal to commute the death sentence imposed on the petitioner was justified under Article 72 of the Constitution.
Final Decision
The Supreme Court dismissed the petition, affirming the death sentence and vacating the stay on execution. The court found no grounds for commutation under Article 72.
Law Points
- Clemency jurisdiction
- President's power to grant pardon
- Article 72
- commutation of death sentence
- discretionary power of the President
