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]

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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 Kumar Pal vs. Union of India, in which the death penalty awarded to petitioners therein were commuted on the ground of delay in deciding mercy petitions. Inordinate and unexplained delay in deciding the mercy petition and the consequent delay in execution of death sentence for years on end is another form of punishment which was awarded by the Court. Commuting the death sentence the bench said: "Keeping in view all the circumstances of the case, including the unexplained delay of 4 years in forwarding the mercy petition by the State of Madhya Pradesh leading to delay of almost 5 years in deciding the mercy petition and the fact that the petitioner has been incarcerated for almost 14 years, we are of view that regardless of the brutal nature of crime this is not a fit case where death sentence should be executed and we, accordingly commute the death sentence to that of life."

History of this topic

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