Case Note & Summary
The petitioner, Balwant Singh, was convicted along with co-accused for the bomb blast that killed the then Chief Minister of Punjab, Shri Beant Singh, and 16 others on 31.8.1995. He was arrested on 27.1.1996 and convicted by the Trial Court on 27.7.2007 under Sections 120-B, 302, 307 IPC and Sections 3(b), 4(b), 5(b) read with 6 of the Explosive Substances Act, 1908, and awarded death sentence. The High Court confirmed the death sentence on 10.12.2010. The petitioner filed a mercy petition before the President of India under Article 72 of the Constitution on 25.3.2012. However, there was an inordinate delay of more than 8 years in deciding the mercy petition. The petitioner approached the Supreme Court under Article 32 seeking commutation of death sentence to life imprisonment on the ground of delay. The Court, after hearing the parties, held that the delay of over 8 years in deciding the mercy petition is violative of Article 21 and directed commutation of the death sentence to life imprisonment.
Headnote
A) Constitutional Law - Mercy Petition - Delay - Commutation of Death Sentence - Article 72, Article 21 of the Constitution of India - Inordinate delay of over 8 years in deciding mercy petition under Article 72 - Held that such delay violates the right to life under Article 21 and entitles the condemned prisoner to commutation of death sentence to life imprisonment (Paras 1-4).
Issue of Consideration
Whether the inordinate delay of more than 8 years in deciding the mercy petition filed by the petitioner under Article 72 of the Constitution of India entitles him to commutation of death sentence to imprisonment for life?
Final Decision
The Supreme Court allowed the petition and directed commutation of the death sentence awarded to the petitioner to imprisonment for life.
Law Points
- Inordinate delay in deciding mercy petition under Article 72 of the Constitution of India entitles the condemned prisoner to commutation of death sentence to life imprisonment
- delay of more than 8 years is violative of Article 21
- principle of supervening circumstances applies to mercy petitions as well
Case Details
Writ Petition (Crl.) No. 261 of 2020
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Nature of Litigation
Writ petition under Article 32 of the Constitution of India seeking commutation of death sentence to life imprisonment due to inordinate delay in deciding mercy petition.
Remedy Sought
Commutation of death sentence to imprisonment for life due to inordinate delay of more than 8 years in deciding the mercy petition.
Filing Reason
Inordinate delay of more than 8 years in deciding the mercy petition filed under Article 72 of the Constitution of India.
Previous Decisions
Trial Court convicted and sentenced to death on 27.7.2007; High Court confirmed death sentence on 10.12.2010.
Issues
Whether the inordinate delay of more than 8 years in deciding the mercy petition under Article 72 entitles the petitioner to commutation of death sentence to life imprisonment?
Submissions/Arguments
Petitioner argued that the delay of over 8 years in deciding the mercy petition is violative of Article 21 and entitles him to commutation.
Respondent opposed the petition.
Ratio Decidendi
Inordinate delay in deciding a mercy petition under Article 72 of the Constitution of India violates the right to life under Article 21 and entitles the condemned prisoner to commutation of death sentence to life imprisonment.
Judgment Excerpts
The present petition under Article 32 of the Constitution of India has been preferred seeking the following reliefs: ... (b) issue appropriate writ, order or directions directing the respondents to commute the death sentence awarded to the petitioner into imprisonment for life due to inordinate delay of more that 08 years in deciding the Mercy Petition dated 25.03.12;
Procedural History
The petitioner was arrested on 27.1.1996, convicted and sentenced to death by the Trial Court on 27.7.2007, the High Court confirmed the death sentence on 10.12.2010, the petitioner filed a mercy petition on 25.3.2012, and the present writ petition was filed in 2020 due to delay in deciding the mercy petition.
Acts & Sections
- Constitution of India: Article 32, Article 72, Article 21
- Indian Penal Code, 1860: 120-B, 302, 307
- Explosive Substances Act, 1908: 3(b), 4(b), 5(b), 6
