Article 21 | Death Penalty Must Be Commuted If Inordinate Delay In Execution Is Caused By Circumstances Beyond Convict's Control: Supreme Court

The Supreme Court on Monday held that inordinate delay in execution of death sentence have a dehumanizing effect on convicts and when such delays are caused by factors beyond the prisoners' control, the death sentence must be commuted to life imprisonment. Right to Challenge Delay Convicts facing undue, unexplained, and inordinate delays in the execution of death sentences may approach the Supreme Court under Article 32 of the Constitution. This Court, however, may consider the question of inordinate delay in the light of all circumstances of the case to decide whether the execution of sentence should be carried out or should be commuted to imprisonment for life" Suspense and Psychological Impact The Court said that prolonged consideration of mercy petitions by the Governor or President creates “adverse physical conditions and psychological stress on the convict.” The Court held that such delays violate Article 21 and cannot be excused solely on the gravity of the crime. “Keeping a convict in suspense while considering his mercy petitions by the Governor or the President for an inordinately long time will certainly cause agony to him/her…Therefore, this Court, while exercising its jurisdiction under Article 32 read with Article 21 of the Constitution, must consider the effect of inordinate delay in disposal of the clemency petition by the highest Constitutional authorities and cannot excuse the agonising delay caused only on the basis of the gravity of the crime”, the Court held.