AIROnline 2022 SC 814 ::2022 (16) Scale 9

Supreme Court Of India

Hon'ble Judge(s): Uday Umesh Lalit, S. Ravindra Bhat, Pamidighantam Sri Narasimha , JJJ

(A) Constitution of India , Art.21, Art.72, Art.161— Mercy petition - Delay in disposal - Mercy petition against sentence of death - Entire period spanning over 2 years and 3 months saw disposal of mercy petition at two different levels, one, by Governor and other by President - Order of stay on execution of death sentence was operating all through which had given different perspective to the matter - Time taken by each of authorities and functionaries assisting them cannot be called or termed as "inordinate delay" and it was not as if every passing day was adding to agony of accused. 2022 Cri LJ 2660 (SC), Distinguished (Para 16 17) (B) Constitution of India , Art.21, Art.72, Art.161, Art.32— Prisons Act (9 of 1894) , S.29— Mercy petition - Solitary confinement - Incarceration of accused in solitary confinement firstly from date of award of death sentence in 2006 by trial Court till disposal of mercy petition in 2013 and secondly from date of such disposal till 2016 was without sanction of law - From letter given by medical professional and communication emanating from jail, it was clear that incarceration in solitary confinement did show ill effects on well-being of accused - Hence, accused held entitled to hav....