Issues Arising out of the Constitutional Bench decision in Sriharan ALIAS Murugan
By
V. N. Muralidharan
Introduction
The Hon’ble Supreme Court, has from time to time, considered the advisability, of introducing ‘Life Sentence’, which will run for the entire biological life of the convict, or for a period exceeding 14 years, in some grave cases, without any remission etc., provided in penal codes. This concept was considered in a few cases eg., Subash Chander v. Krishnan & Ors.1, and the convicts in such cases were sentenced to varying terms of imprisonment, ranging from 20 years up to the entire life of the convict, with a direction, that the appropriate authorities will not grant any remission etc., during such specified periods.
This concept was considered in great detail by the Hon’ble Supreme Court in Swami Shraddananda v. State of Karnataka2. It was explained therein, that there are cases where the Court may feel, that death sentence could be a h ....