VidhiSangh

Supreme Court of India · 04/11/2022

B. A. UMESH versus UNION OF INDIA & ORS.

[2022] 8 S.C.R. 628 · 2022 INSC 1173

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Summary

A man sentenced to death for a 1998 rape and murder was refused mercy by the Governor of Karnataka and then the President. He sought commutation for delay in deciding the mercy petitions and for solitary confinement. The Karnataka High Court dismissed his petition. The Supreme Court held that the two years and three months taken to decide the petitions at two levels was not inordinate, especially as a stay of execution was in force throughout. But prison records showed about ten years of solitary confinement in a single cell from 2006. Before the mercy petition was decided, that breached Sunil Batra, and it visibly harmed his mental health. The death sentence was commuted to life imprisonment with a minimum of 30 years before any remission. The Court also called for revising the instruction that requires mercy petitions before review is exhausted.

Issues

  1. Whether the time taken to decide the appellant's mercy petitions amounted to inordinate delay warranting commutation of the death sentence.
  2. Whether the appellant's segregation in solitary confinement from the trial court's sentence onwards entitled him to commutation.

Provisions considered

Held

Result

Appeal allowed; the death sentence commuted to imprisonment for life with a minimum of 30 years' actual sentence before any remission application is considered on its merits, and, absent remission, for the remainder of his life.

Judgment PDF: Supreme Court of India, [2022] 8 S.C.R. 628.