VidhiSangh

Supreme Court of India · 03/05/2023

BALWANT SINGH versus UNION OF INDIA & ORS.

[2023] 4 S.C.R. 265 · 2023 INSC 482

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Summary

The Court declined to commute the petitioner’s death sentence on the asserted delay in deciding a mercy petition filed on his behalf. After examining the government file, it accepted that consideration had been deferred on national-security and law-and-order grounds, amounting to refusal for the present. The competent authority was to consider the matter again in due course when deemed necessary.

Issues

  1. Whether the asserted delay justified judicial commutation of the death sentence.
  2. Effect of the executive decision deferring consideration on sensitive security grounds.

Held

Result

Writ petition disposed of without commuting the death sentence or directing immediate disposal. Competent authority to take a further decision in due course when deemed necessary; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 265.