Filing of more than one Mercy Petition is permissible both under Cr.P.C and Constitution ; State of TN to Constitution Bench [Summary of Arguments in Sriharan Day-7]
9 years, 7 months ago

Filing of more than one Mercy Petition is permissible both under Cr.P.C and Constitution ; State of TN to Constitution Bench [Summary of Arguments in Sriharan Day-7]

Live Law  

The arguments today were continued by the State of Tamil Nadu through Mr. Rakesh Dwivedi, Senior Advocate.Continuing on the second question referred to the constitution bench, Mr. Dwivedi argued to counter the argument of the Solicitor General that the power of mercy could not be exercised repeatedly. Continuing on the second question referred to the constitution bench, Mr. Dwivedi argued to counter the argument of the Solicitor General that the power of mercy could not be exercised repeatedly. Addressing arguments on the first question referred to the constitution bench on the interpretation of life imprisonment, he submitted that the power under section 432 CrPC permitted remission of the whole sentence. The bench thereafter referred to the queries raised in Swamy Shraddhanand’s case and asked Mr. Dwivedi whether the Court could impose a sentence beyond the power of remission and whether in the absence of a life term which was perceived to be harsher than 14 years, judges would be nudged towards awarding death sentence. Mr. Dwivedi argued that if courts were empowered to put life sentences beyond the scope of remission, then it would amount to repealing section 432 and 433 of the CrPC.

Death Life Constitution Court Constitution Bench Mercy Power Remission State Bench Sentence Dwivedi Petition Death Sentence Crpc Life Imprisonment Submitted Imprisonment Mercy Petition Section 432  imprisonment  sriharan  remission  petition  permissible  death  tn  bench  life  constitution  submitted  mercy  day7  summary  sentence  filing  dwivedi  state  power

History of this topic

Prisoners can be granted leave irrespective of their pending appeals against conviction, rules Madras High Court
1 month, 1 week ago

Prisoners can be granted leave irrespective of their pending appeals against conviction, rules Madras High Court

The Hindu  

Convicts can be granted ordinary as well as emergency leave even if their appeals, against the conviction, were pending either before the High Court or the Supreme Court provided they were not facing trial in any other case, a Full Bench of the Madras High Court has held. The Full Bench agreed with State Public Prosecutor Hasan Mohamed Jinnah that …

Life Convict Swami Shraddhanand Moves Supreme Court For Early Decision On His Mercy Petition
1 month, 3 weeks ago

Life Convict Swami Shraddhanand Moves Supreme Court For Early Decision On His Mercy Petition

Live Law  

Swami Shraddhanand alias Murali Manohar Mishra, the 85-yr-old self-styled godman who has been in jail since about 30 years following conviction for the murder of his wife Shakereh Khaleeli, has moved the Supreme Court seeking expeditious decision on his mercy petition.The matter was listed yesterday before a bench of Justices BR Gavai and. Swami Shraddhanand alias Murali Manohar Mishra, the …

Court's 'last opportunity' to Centre to decide on Beant Singh killer's mercy plea
2 months ago

Court's 'last opportunity' to Centre to decide on Beant Singh killer's mercy plea

India Today  

The Supreme Court on Monday granted the Centre additional time to decide on the mercy petition of Khalistani terrorist Balwant Singh Rajoana, who was convicted in the 1995 assassination of then Punjab Chief Minister Beant Singh. The top court was hearing Rajoana's plea, which seeks to commute his death sentence to a life term, citing "inordinate delay" in deciding his …

State Must Not Defeat Purpose Of Death Sentence By Showing Laxity In Implementation: Supreme Court
3 months, 1 week ago

State Must Not Defeat Purpose Of Death Sentence By Showing Laxity In Implementation: Supreme Court

Live Law  

The Supreme Court while upholding the commutation of death sentences of two convicts highlighted several instances of administrative and judicial delays in the processing of mercy petitions and issuance of death warrants, which ultimately led to the commutation of sentence. A bench of Justices Abhay Oka, Ahsanuddin Amanullah, and Augustine George Masih observed a delay of over three years by …

'Sensitive Matter' : Union Seeks More Time On Balwant Singh's Mercy Petition; Supreme Court Adjourns Hearing By 4 Weeks
3 months, 3 weeks ago

'Sensitive Matter' : Union Seeks More Time On Balwant Singh's Mercy Petition; Supreme Court Adjourns Hearing By 4 Weeks

Live Law  

Specifically on Rohatgi's arguments on national security, Counsel for Punjab responded: "An affidavit was filed by the Union, wherein a national threat was stated in the affidavit that there is national threat on release of this person." However, while confirming the conviction of a co-accused Jagtar Singh Hawara, the High Court commuted the death sentence to life imprisonment. However, on …

Supreme Court Requests President To Decide Death Row Convict Balwant Singh's Mercy Petition In 2 Weeks
4 months ago

Supreme Court Requests President To Decide Death Row Convict Balwant Singh's Mercy Petition In 2 Weeks

Live Law  

Specifically on Rohatgi's arguments on national security, Counsel for Punjab responded: "An affidavit was filed by the Union, wherein a national threat was stated in the affidavit that there is national threat on release of this person." However, while confirming the conviction of a co-accused Jagtar Singh Hawara, the High Court commuted the death sentence to life imprisonment. However, on …

Expedite Beant Singh's killer's mercy plea: Supreme Court to President's Office
4 months ago

Expedite Beant Singh's killer's mercy plea: Supreme Court to President's Office

India Today  

The Supreme Court on Monday ordered President Droupadi Murmu's office to take a decision on the mercy petition of the death-row prisoner Balwant Singh Rajoana within two weeks. The court said that it would consider the mercy petition of Rajoana if the President's office does not make a decision on it. Meanwhile, Solicitor General Tushar Mehta told a bench led …

Karnataka HC Refuses Parole To Serial Killer Umesh Reddy, Says Competing Public Interest Can't Be Ignored Especially In Case Of Life Convict
1 year ago

Karnataka HC Refuses Parole To Serial Killer Umesh Reddy, Says Competing Public Interest Can't Be Ignored Especially In Case Of Life Convict

Live Law  

The Karnataka High Court has said that in cases where the convicts are undergoing life imprisonment, competing public interest cannot be ignored while considering their application seeking parole. “The Apex Court directed that the petitioner cannot claim remission till he completes 30 years which will not come in his way of seeking parole in justifiable circumstances,” he argued. The petitioner …

SC to hear plea by convict seeking to determine if a life sentence is for life
1 year, 1 month ago

SC to hear plea by convict seeking to determine if a life sentence is for life

New Indian Express  

NEW DELHI: The Supreme Court on Friday decided to hear a petition, filed by Chandrakant Jha, who is serving life term, seeking to know as to whether the specification of 'life sentence' would mean the entire life or can it be commuted or remitted by powers given under law. The Top Court's two-judge bench, headed by Justice Hrishikesh Roy and …

Supreme Court Declines To Commute Death Penalty Of Balwant Singh Rajoana, Allows Centre To Decide Mercy Petition 'When Necessary'
1 year, 10 months ago

Supreme Court Declines To Commute Death Penalty Of Balwant Singh Rajoana, Allows Centre To Decide Mercy Petition 'When Necessary'

Live Law  

In a significant development, the Supreme Court on Wednesday refused to commute the death sentence of Babbar Khalsa terrorist Balwant Singh Rajoana to life imprisonment on the ground of the long pendency of the mercy petition before the President of India. A three-judge bench of Justices BR Gavai, Vikram Nath, and Sanjay Karol was hearing a writ petition seeking for …

If Prosecution Proposes Death Sentence, It Must Produce Before Trial Court Information About Background Of Accused : Supreme Court
1 year, 11 months ago

If Prosecution Proposes Death Sentence, It Must Produce Before Trial Court Information About Background Of Accused : Supreme Court

Live Law  

In a notable judgment, the Supreme Court has held that in cases where the offences are so heinous that death sentence is warranted, the prosecution must produce before the trial court all materials which are relevant to assess the mitigating circumstances favouring the accused. Trial Courts cannot impose fixed term sentences The Supreme Court also reiterated that the trial court …

Decide Mercy Petitions Against Death Sentence At The Earliest So That Convicts Won't Take Undue Advantage : Supreme Court
1 year, 11 months ago

Decide Mercy Petitions Against Death Sentence At The Earliest So That Convicts Won't Take Undue Advantage : Supreme Court

Live Law  

The Supreme Court directed all State Governments to ensure that mercy petitions in death penalty cases are decided and disposed of at the earliest. In the matter, the High Court commuted the death sentence to life imprisonment on the ground that there was an inordinate unexplained delay on the part of the State/Governor of the State in not deciding the …

Inordinate delay in 'mercy petition' would frustrate object of death sentence: Supreme Court
1 year, 11 months ago

Inordinate delay in 'mercy petition' would frustrate object of death sentence: Supreme Court

India TV News  

Supreme Court on mercy petition: The Supreme Court of India has said if there is an inordinate delay in not deciding the mercy petition, the object and purpose of the death sentence would be frustrated, and asked states/appropriate authorities to decide mercy petitions at the earliest. "If even after the final conclusion, even up to this court, even thereafter there …

'What Is The Use Of Death Sentence, If It Is To Be Executed After 20-25 Years?' : Supreme Court Asks On Plea Challenging Commutation
2 years, 3 months ago

'What Is The Use Of Death Sentence, If It Is To Be Executed After 20-25 Years?' : Supreme Court Asks On Plea Challenging Commutation

Live Law  

At the outset, Justice Shah put to the advocate for the state, "What is the purpose of awarding a death sentence? The advocate replied, "Your Lordships, the first mercy petition was not filed by these accused, that was filed by some residents of Canada, Australia, etc.please, Your Lordships, 9 children were murdered." In the impugned judgment of January 18, 2022, …

Death Penalty: SC Refers to 5-judge Bench Case on Framing Guidelines on Mitigating Circumstances
2 years, 6 months ago

Death Penalty: SC Refers to 5-judge Bench Case on Framing Guidelines on Mitigating Circumstances

News 18  

The Supreme Court on Monday referred to a five-judge Constitution bench a suo motu plea on framing of guidelines on how and when potential mitigating circumstances be considered by courts during trial in cases which entail the death penalty as the maximum punishment. A bench headed by Chief Justice Uday Umesh Lalit said it was of the opinion that this …

A Convicted Prisoner Has No Fundamental Or Statutory Right To Be Released Prematurely: Madras High Court
2 years, 10 months ago

A Convicted Prisoner Has No Fundamental Or Statutory Right To Be Released Prematurely: Madras High Court

Live Law  

The Madras High Court has reiterated that a convicted prisoner has no fundamental or statutory right to be released prematurely. The court was considering a petition filed by the mother of a life convict Hariharan challenging the Government order rejecting his premature release. Judicial Review of Pardoning Power The court also discussed the judgment of Sikkander v. State, in which …

Supreme Court Criminal Digest -April 2022
2 years, 10 months ago

Supreme Court Criminal Digest -April 2022

Live Law  

Arms Act, 1950; Section 27 - Supreme Court Patna High Court judgment which modified the judgment passed by the Trial Court convicting the appellants- accused under Section 307 read with Section 34 Indian Penal Code to Section 324 IPC and confirming their conviction under Section 27 of the Arms Act. Mohd Firoz v. State of Madhya Pradesh, 2022 LiveLaw 390 …

A new track for capital punishment jurisprudence
2 years, 10 months ago

A new track for capital punishment jurisprudence

The Hindu  

A recent trend in the evolution of jurisprudence around the death penalty in India may reset judicial thinking around sentencing and have long-term ramifications in the awarding of capital punishment. The Court has also initiated a suo motu writ petition to delve deep into these issues on key aspects surrounding our understanding of death penalty sentencing. Building on this, the …

Death Row Prisoner Kept In Solitary Confinement? Supreme Court Directs District Judge To Conduct Inspection
2 years, 11 months ago

Death Row Prisoner Kept In Solitary Confinement? Supreme Court Directs District Judge To Conduct Inspection

Live Law  

Upon being apprised that a death row prisoner had been kept in solitary confinement, the Supreme Court, on Thursday, directed the District Judge, Belgaum to conduct a local inspection of the ground realities of the circumstances in which he was lodged in a separate cell. Thereafter, he filed a Writ Petition before the Karnataka High Court challenging the executability of …

Life Imprisonment Without Remission Till Last Breath Can Be Imposed As Substitution Of Death Sentence: Supreme Court
3 years, 1 month ago

Life Imprisonment Without Remission Till Last Breath Can Be Imposed As Substitution Of Death Sentence: Supreme Court

Live Law  

The Supreme Court observed that life imprisonment without any remission till the last breath can be imposed as a substitution of death sentence.The bench comprising Justices Sanjay Kishan Kaul and MM Sundresh rejected an argument raised in a case that the minority view in Union of India vs. V. Sriharan - 7 SCC 1 should be looked into as two …

Rajiv Gandhi Assassination Case : Tamil Nadu Governor Will Decide On Perarivalan's Pardon With 3-4 Days, Centre Tells SC
4 years, 2 months ago

Rajiv Gandhi Assassination Case : Tamil Nadu Governor Will Decide On Perarivalan's Pardon With 3-4 Days, Centre Tells SC

Live Law  

In the matter of release of A.G. Perarivalan, the convict in the Rajiv Gandhi assassination case, SG Tushar Mehta on Thursday informed the Supreme Court that the Tamil Nadu Governor will decide, "as per the Constitution", on the remission of the sentence in exercise of his discretionary power under Article 161 within the next 3-4 days. But I have received …

SC seeks Centre’s reply on death row convict’s mercy plea pending for 8 years
4 years, 6 months ago

SC seeks Centre’s reply on death row convict’s mercy plea pending for 8 years

Hindustan Times  

The Supreme Court on Friday sought Centre’s response on a death row convict’s plea seeking commutation of sentence to life imprisonment for the failure on part of the Central government to decide on his mercy petition filed eight years ago. The convict, Balwant Singh Rajoana, was sentenced to death for the murder of former Punjab chief minister Beant Singh who …

Why is TN Govt Vehemently Opposing Parole Plea by Rajiv Case Life Convict, Asks High Court
4 years, 7 months ago

Why is TN Govt Vehemently Opposing Parole Plea by Rajiv Case Life Convict, Asks High Court

News 18  

The Madras High Court on Monday wondered why the Tamil Nadu government was vehemently opposing the parole application moved by Rajiv Gandhi assassination case life convict AG Perarivalan, while the cabinet has recommended release of all seven convicts in the case. The court then directed the state and the petitioner to file an affidavit on the current status of the …

Validity Of Remission Policy Allowing Premature Release Of Life Convicts Aged Above 75: SC Refers Matter To Constitution Bench [Read Order]
4 years, 8 months ago

Validity Of Remission Policy Allowing Premature Release Of Life Convicts Aged Above 75: SC Refers Matter To Constitution Bench [Read Order]

Live Law  

A three judge bench headed by Justice UU Lalit has referred to a larger bench an important legal issue about the validity of Haryana Government's policy allowing premature release of life convicts aged above 75 which overrides Section 433A of Code of Criminal Procedure. "Whether in exercise of power conferred under Article 161 of the Constitution a policy can be …

Plea In SC Seeks Guidelines For Time Bound Disposal Of Clemency & Mercy Petitions
4 years, 8 months ago

Plea In SC Seeks Guidelines For Time Bound Disposal Of Clemency & Mercy Petitions

Live Law  

A plea in the Supreme Court has been preferred seeking directions for issuance of guidelines via-à-vis disposal of clemency/mercy writ petitions and resultant execution of death sentence in a time bound manner.Advocate Dr. Subhash Vijayran has filed the petition and highlights the irregularities in deciding writ petitions across high courts while particularly focussing on the case of. A plea in …

Single Benches Of SC To Hear Transfer Petitions, Bail Matters Of Offences Punishable With 7 Yrs Imprisonment From May 13 [Read Circular]
4 years, 10 months ago

Single Benches Of SC To Hear Transfer Petitions, Bail Matters Of Offences Punishable With 7 Yrs Imprisonment From May 13 [Read Circular]

Live Law  

Single benches of Supreme Court will hear transfer petitions and special leave petitions arising out of bail orders with respect to offences punishable up to seven years imprisonment from May 13.The Supreme Court Rules, 2013, have been amended to stipulate the categories of matters which can be heard and disposed of finally by a Single Judge Bench. Single benches of …

[Breaking] Nirbhaya Case : Delhi Court Stays Execution Of All Convicts Until Further Orders As Pawan Files Mercy Petition [Read Order]
5 years ago

[Breaking] Nirbhaya Case : Delhi Court Stays Execution Of All Convicts Until Further Orders As Pawan Files Mercy Petition [Read Order]

Live Law  

The last moment mercy petition filed by Nirbhaya case convict Pawan Kumar Gupta has resulted in the postponement of the execution of death sentences of all convicts in the Nirbhaya case until further orders, which was otherwise scheduled to take place tomorrow at 6 AM.The new development of Pawan's mercy petition persuaded Additional Sessions Judge Dharmender Rana of Patiala House …

Why Court Is at Fault for Chaos Over Nirbhaya Convicts’ Execution
5 years ago

Why Court Is at Fault for Chaos Over Nirbhaya Convicts’ Execution

The Quint  

Pawan and Akshay had approached the Patiala House Court in Delhi asking for a stay on the execution, the former because of his curative petition, and the latter on the basis of a fresh mercy plea. However, after being informed of the submission of Pawan's mercy plea by his lawyer AP Singh, Judge Dharmender Rana heard a fresh application for …

Nirbhaya case: Convicts move court seeking stay on execution, Tihar asked to respond by Monday
5 years ago

Nirbhaya case: Convicts move court seeking stay on execution, Tihar asked to respond by Monday

India TV News  

Two of the four death row convicts in the Nirbhaya gang rape and murder case on Saturday moved a Delhi court seeking stay on the execution of the death warrants, scheduled for March 3. Additional Session Judge Dharmender Rana issued notice to Tihar Jail authorities on the pleas moved of Akshay Singh and Pawan Kumar Gupta, directing the officials to …

Nirbhaya Case: Convict Pawan Gupta files curative petition asking commutation of death sentence
5 years ago

Nirbhaya Case: Convict Pawan Gupta files curative petition asking commutation of death sentence

India TV News  

Nirbhaya Case: Fourth convict in Nirbhaya gangrape case Pawan Gupta has filed a curative petition before Supreme Court of India. The four convicts -- Mukesh Kumar Singh, Pawan Gupta, Vinay Kumar Sharma and Akshay Kumar -- in the Nirbhaya case are yet to exhaust all legal remedies. Earlier, the top court dismissed separate pleas filed by Mukesh and Vinay against …

Aaj Ki Baat Feb 13: Death row convicts who commit heinous crimes must not be allowed to file mercy petitions
5 years, 1 month ago

Aaj Ki Baat Feb 13: Death row convicts who commit heinous crimes must not be allowed to file mercy petitions

India TV News  

Aaj Ki Baat Feb 13: Death row convicts who commit heinous crimes must not be allowed to file mercy petitions The lawyers for the convicts are so wily that they never file petitions together in order to gain time. They file petitions in different courts - Patiala district court, Delhi High Court and Supreme Court, only to gain time. The …

[Breaking] Nirbhaya Case : Delhi HC Refuses To Set Aside Trial Court's Stay On Execution; Directs Convicts To Exercise Legal Remedies Within 7 Days [Read Judgment]
5 years, 1 month ago

[Breaking] Nirbhaya Case : Delhi HC Refuses To Set Aside Trial Court's Stay On Execution; Directs Convicts To Exercise Legal Remedies Within 7 Days [Read Judgment]

Live Law  

Observing that the four convicts in the Nirbhaya case cannot be executed separately, the Delhi High Court on Wednesday directed them to exhaust their remaining legal remedies within 7 days from today. Though the Court did not agree with the interpretation of the Trial Court that pendency of mercy petition of even one convict is ground to postpone the executions, …

'Can Death Row Convicts In Same Case Be Separately Hanged?' Delhi HC Reserves Order In Nirbhaya Case
5 years, 1 month ago

'Can Death Row Convicts In Same Case Be Separately Hanged?' Delhi HC Reserves Order In Nirbhaya Case

Live Law  

The Delhi High Court on Sunday reserved orders on the revision petition filed by Union Government against the trial court's stay on the execution of the hanging of four convicts in the 2012 Delhi gangrape and murder case.Justice Suresh Kumar Kait heard the arguments for over three hours on a special Sunday sitting starting from 3 PM.This revision petition was …

‘Legal process taken for a ride’: Centre asks SC to set rules for death row cases
5 years, 2 months ago

‘Legal process taken for a ride’: Centre asks SC to set rules for death row cases

Hindustan Times  

Amid the uncertainty over the execution of the four men sentenced to death for the 2012 Delhi gang rape case, the Centre on Wednesday approached the Supreme Court to introduce a 7-day deadline for death-row convicts to file mercy petitions. Supreme Court of India, photo by Rajkumar The Centre requested the top court to amend its 2014 verdict in the …

PIL Filed In SC To Frame Guidelines For Deciding Mercy Petitions [Read Petition]
5 years, 3 months ago

PIL Filed In SC To Frame Guidelines For Deciding Mercy Petitions [Read Petition]

Live Law  

A Public Interest Litigation has been filed in the Supreme Court by Adv. Shiv Kumar Tripathi, seeking framing of proper procedures, rules and guidelines in disposal of the mercy petitions. The petitioner opined that the undue delay in disposal of the mercy petitions gives rise to public unrest and creates doubts and suspicion in the mind of the public at …

Convict on death row in 2012 gang-rape case files mercy petition before President
5 years, 4 months ago

Convict on death row in 2012 gang-rape case files mercy petition before President

India TV News  

Vinay Sharma, one of the convicts facing the gallows in the 2012 gangrape and murder case of a 23-year-old paramedic student, has filed a mercy petition before President Ram Nath Kovind, officials said. In a notice issued to the four convicts on October 29, the jail superintendent informed them that they have only seven days after the receipt of the …

2007 Pune Gangrape And Murder: Inordinate Delay In Execution Of Death Sentence Unconstitutional Says Bombay HC, Commutes Death To Life [Read Judgment]
5 years, 7 months ago

2007 Pune Gangrape And Murder: Inordinate Delay In Execution Of Death Sentence Unconstitutional Says Bombay HC, Commutes Death To Life [Read Judgment]

Live Law  

In a significant decision, the Bombay High Court commuted death sentence awarded to two convicts to life imprisonment for 35 years life imprisonment in the 2007 gangrape and murder case of a BPO employee in Pune. "We find that delay in the present matters could have been easily avoided and the mercy petitions and the final execution could have been …

Article 72- President of India Has The Powers to Impose Conditions While Granting Pardon: Madras HC [Read Judgment]
5 years, 7 months ago

Article 72- President of India Has The Powers to Impose Conditions While Granting Pardon: Madras HC [Read Judgment]

Live Law  

Dismissing the writ petitions filed by Petitioners, the Madras High Court held that the President's power to grant pardon under Article 72 of the Constitution included the power to impose conditions upon such pardon and the convicts were estopped from questioning the same.Background The Petitioners were three convicts who had been sentenced to death by the Sessions Court, subsequently. Dismissing …

Solitary Confinement Of Death Convict Prior To Rejection Of Mercy Petition Palpably Illegal: SC [Read Judgment]
5 years, 10 months ago

Solitary Confinement Of Death Convict Prior To Rejection Of Mercy Petition Palpably Illegal: SC [Read Judgment]

Live Law  

The Supreme Court has observed that solitary confinement of a person sentenced to death prior to the rejection of mercy petition is palpably illegal.The bench comprising Justice NV Ramana, Justice Mohan M. Shantanagoudar and Justice S. Abdul Nazeer upheld the Punjab and Haryana High Court judgment that had commuted death sentence awarded to a murder accused whose mercy petition was …

SC Asks TN Govt To Decide Premature Release Plea Of A 'SriLankan Refugee' Who Spent 3 Decades In Jail [Read Judgment]
5 years, 10 months ago

SC Asks TN Govt To Decide Premature Release Plea Of A 'SriLankan Refugee' Who Spent 3 Decades In Jail [Read Judgment]

Live Law  

The Supreme Court has directed the Tamil Nadu Government to decide the representation submitted by a 'Sri Lankan Refugee' who spent 30 years in jail seeking remission of life sentence and for premature release.Rajan and others were accused for committing dacoity at the house of one Pitchaikara Grounder. The Supreme Court has directed the Tamil Nadu Government to decide the …

Sessions Court Can't Award A Sentence In Between 'Life Imprisonment' And 'Death Sentence' For Murder : Karnataka HC [Read Judgment]
5 years, 11 months ago

Sessions Court Can't Award A Sentence In Between 'Life Imprisonment' And 'Death Sentence' For Murder : Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court has held that a Sessions Court can only award either life imprisonment or death sentence in a murder case, and has no power to inflict any punishment in between these two punishments. As it confirmed the conviction recorded by the Trial Court, the bench also dealt with the issue whether the Sessions Judge has got power …

Inordinate & Unexplained Delay In Deciding Mercy Petition: SC Commutes Death Sentence [Read Judgment]
6 years, 1 month ago

Inordinate & Unexplained Delay In Deciding Mercy Petition: SC Commutes Death Sentence [Read Judgment]

Live Law  

The Supreme Court has commuted death sentence awarded to a man convicted for murder of his wife and five children, mainly on the ground of inordinate and unexplained delay in deciding the mercy petition. The bench comprising Justice NV Ramana, Justice Deepak Gupta and Justice Indira Banerjee referred to judgments in V. Sriharan alias Murugan vs. Union of India and …

SC Upholds Madras HC's Interpretation Of TN Prison Rules For Premature Release,Quashes General Direction
6 years, 1 month ago

SC Upholds Madras HC's Interpretation Of TN Prison Rules For Premature Release,Quashes General Direction

Live Law  

The Supreme Court recently upheld the Madras High Court ruling that irrespective of the nature of the offence committed, if a prisoner is a life convict, he will be eligible as per the Tamil Nadu Prison Rules, 1983, for consideration for premature release on his completing 14 years of actual imprisonment. However, the bench comprising CJI Ranjan Gogoi, Justice L …

SC Commutes Death Penalty In Two Rape-Cum-Murder Cases [Read Judgment]
6 years, 4 months ago

SC Commutes Death Penalty In Two Rape-Cum-Murder Cases [Read Judgment]

Live Law  

The Supreme Court bench headed by Justice AK Sikri has commuted death sentence imposed on accused in two different cases, by recalling its earlier orders by which it had dismissed the SLPs filed by them in limine.Babasaheb Maruti Kamble was convicted for rape and murder of a 7-year-old girl in Maharashtra, while Jitendra was convicted in a rape-cum-murder case by …

SC Commutes Death Penalty In Two Rape-Cum-Murder Cases [Read Judgment]
6 years, 4 months ago

SC Commutes Death Penalty In Two Rape-Cum-Murder Cases [Read Judgment]

Live Law  

The Supreme Court bench headed by Justice AK Sikri has commuted death sentence imposed on accused in two different cases, by recalling its earlier orders by which it had dismissed the SLPs filed by them in limine.Babasaheb Maruti Kamble was convicted for rape and murder of a 7-year-old girl in Maharashtra, while Jitendra was convicted in a rape-cum-murder case by …

Clemency question: The Rajiv Gandhi assassination case
6 years, 6 months ago

Clemency question: The Rajiv Gandhi assassination case

The Hindu  

After failing to get the seven convicts in the Rajiv Gandhi assassination case released by exercising its statutory power to remit life sentences, the AIADMK government in Tamil Nadu has taken recourse to a possible constitutional remedy. The earlier attempt in 2014 to remit the sentences under the provisions of the Code of Criminal Procedure was stayed by the Supreme …

Trial Court Can’t Order Accused To Undergo Life Term Beyond 14 Yrs Without Chance For Remission, Reiterates Delhi HC [Read Judgment]
6 years, 11 months ago

Trial Court Can’t Order Accused To Undergo Life Term Beyond 14 Yrs Without Chance For Remission, Reiterates Delhi HC [Read Judgment]

Live Law  

HC modifies life term of murder convict sentenced to 25 yrs in jail without remission.Modifying to life term the punishment awarded to a murder convict sentenced by the trial court to undergo 25 years in custody without being considered for remission, the Delhi High Court has said the trial court cannot order an accused to undergo life imprisonment for a …

Supreme Court Temporarily Releases Two Prisoners After Two Decades in Jail
7 years, 2 months ago

Supreme Court Temporarily Releases Two Prisoners After Two Decades in Jail

Live Law  

The Supreme Court has ordered the provisional release of two convicts who suffered incarceration for about two decades. The court observed that the petitioners have already completed more than 21(18) actual years of incarceration and with remission, around 28 (24) years in jail, and they need to be released from jail provisionally.

SC Orders Provisional Release Of Two Prisoners Who Spent About Two Decades In Jail [Read Orders]
7 years, 2 months ago

SC Orders Provisional Release Of Two Prisoners Who Spent About Two Decades In Jail [Read Orders]

Live Law  

The Supreme Court has ordered provisional release of two convicts who suffered incarceration for about two decades.A bench of Justice Kurian Joseph and Justice Amitava Roy, while disposing two writ petitions, filed by Munna and Chidda Singh separately observed that pending further orders in the writ petition, the petitioners be released on bail on execution of a personal bond to …

Can HC Review President’s Decision Rejecting Mercy Petition Of Death Convict: SC Issues Notice On Centre’s Plea In Sonu Sardar Case
7 years, 3 months ago

Can HC Review President’s Decision Rejecting Mercy Petition Of Death Convict: SC Issues Notice On Centre’s Plea In Sonu Sardar Case

Live Law  

The Supreme Court has issued notice on the Centre’s special leave petition against the Delhi High Court’s judgment commuting death sentence of Sonu Sardar.The Delhi High Court had quashed the President’s order rejecting mercy petition, and had commuted the death sentence to life imprisonment.Sonu Sardar was convicted and sentenced to death for killing five members of a scrap. The Supreme …

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