Summary
The Court declined to reopen the concurrent conviction for murdering the petitioner’s wife and five children, but commuted death to imprisonment for his entire remaining life. The State’s unexplained delay of more than four years in forwarding the mercy petition had contributed to almost five years before its disposal. That delay, together with nearly fourteen years of incarceration, made execution inappropriate despite the brutality of the crime.
Issues
- Whether unexplained delay in forwarding and disposing of the mercy petition justified commutation.
- Whether the conviction should be reopened in review.
Provisions considered
- Article 21, Constitution of IndiaApplied the protection of fair, just and reasonable procedure to inordinate and unexplained delay affecting execution of a death sentence. (¶¶ 5, 6, 7, 8, 9, 10, 11, 12)
Held
- The written submissions disclosed no reason to disturb the concurrent finding of three courts that the petitioner murdered his wife and five children. Review on the merits of conviction was declined. (¶ 3)
- Whether delay in mercy proceedings is unreasonable depends on the circumstances. Inordinate and unexplained delay can render execution arbitrary and violate the fair-procedure protection which continues to apply to a condemned prisoner. (¶¶ 5, 6)
- The Union government and the President’s Secretariat dealt with the petition expeditiously. The State, however, offered no explanation for taking more than four years to forward it and had not filed a counter-affidavit despite service of notice. (¶¶ 7, 8, 9, 10)
- The unexplained forwarding delay, resulting in almost five years before disposal of the mercy petition, and nearly fourteen years already spent in custody justified commutation notwithstanding the brutal crime. (¶¶ 11, 12)
- Because six innocent lives were lost, the substituted life sentence meant the petitioner’s entire remaining life; he was not to be released before death. (¶ 12)
Result
Review petition and writ petition partly allowed: conviction undisturbed, death sentence commuted to imprisonment for the petitioner’s entire remaining life.