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Case Summary : AJAY KUMAR PAL V. UNION OF INDIA

Author : AKASH KRISHNAN

Citation: WRIT PETITION (CRIMINAL) NO.128 OF 2014

Bench: Dipak Misra, Rohinton Fali Nariman, Uday Umesh Lalit

INTRODUCTION

The word commutation can be defined as reducing the magnitude of the punishment given to an individual from the one that is served upon him on conviction. The form of the punishment may be changed to a less severe one or the term of the punishment may be changed or both. Section 433 of the code of criminal procedure states that the concerned government has the power to commute the sentences.

Article 32 of the Constitution gives the right to the citizens to approach the Supreme Court whenever their rights have been violated by the State. The following petition is filed under this article seeking commutation of death penalty.

FACTS

The Accused was convicted of death sentence by the Trial Court. He preferred an appeal to the Hight Court of Madhya Pradesh, but the same was rejected. Thereafter in the year 2010, he filed a mercy petition before the President of India. 3 years later in the year 2013, the Prison Authorities received communication from the Ministry that the Mercy petition was dismissed. The same was informed to the accused a year later in 2014.

The Present petition lies before this Court seeking commutation on the grounds of inordinate delay in the disposal of the Mercy Petition as from the very beginning the Petitioner was confined to Solitary confinement in prison as well.

ISSUE

Whether delay in execution of death sentence is sufficient ground for Commutation of Death Sentence to Life Imprisonment?

JUDGEMENT

Right to life and personal liberty is one of the most cherished rights enshrined under Article 21 of the Constitution. The act of keeping the petitioner in solitary confinement from the day of his conviction was severe violation of the said right.

Since his appeals and the mercy petition were still under consideration, he should have been segregated from the band of Death penalty and treated as a normal prisoner until the Mercy Petition was dismissed or accepted. Further there is an issue of inordinate delay of 4 years in dismissing the Mercy Petition which is again a violation of his rights.

Thus, coupling both these factors together, the court allowed his petition and commuted his death sentence to life imprisonment.

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