Case Note & Summary
The petitioner, Jagdish, was convicted for the murder of his wife and five children and sentenced to death by the trial court on 24.04.2006. The High Court confirmed the sentence on 27.06.2006, and the Supreme Court dismissed his appeal on 18.09.2009. He filed a mercy petition on 13.10.2009, which was rejected by the President of India on 16.07.2014. The petitioner challenged the rejection on grounds of delay and also sought review of the death sentence. The Supreme Court found that the State of Madhya Pradesh took over four years to forward the mercy petition without any explanation, causing a total delay of nearly five years. The Court held that such inordinate and unexplained delay violates Article 21 and constitutes an additional punishment. Considering the delay and the fact that the petitioner had been incarcerated for almost 14 years, the Court commuted the death sentence to life imprisonment. However, given the brutal nature of the crime involving six innocent lives, the Court directed that life imprisonment shall mean imprisonment for the entire remaining life of the petitioner without any possibility of release.
Headnote
A) Criminal Law - Death Sentence - Commutation - Delay in Mercy Petition - Unexplained delay of over 4 years by State in forwarding mercy petition to President constitutes inordinate delay - Held that such delay violates Article 21 and warrants commutation of death sentence to life imprisonment (Paras 5-10).
B) Criminal Law - Sentence - Life Imprisonment - Entire Remaining Life - In cases of brutal murder of six persons, life imprisonment shall mean imprisonment for the entire remaining life of the convict without release - Held that nature of crime justifies such direction (Para 12).
Issue of Consideration
Whether the death sentence should be commuted to life imprisonment due to delay in disposal of mercy petition and other mitigating factors.
Final Decision
The Supreme Court partly allowed the Review Petition and Writ Petition, commuting the death sentence to life imprisonment. The Court directed that life imprisonment shall mean the entire remaining life of the petitioner without release till death.
Law Points
- Delay in mercy petition
- Commutation of death sentence
- Rarest of rare cases
- Article 21
- Life imprisonment for entire life
Case Details
2019 LawText (SC) (2) 107
Review Petition (Crl.) No. 591 of 2014 in Criminal Appeal No. 338 of 2007 with Writ Petition (Crl.) No. 197 of 2014
N.V. Ramana, Deepak Gupta, Indira Banerjee
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Nature of Litigation
Review petition against death sentence and writ petition challenging rejection of mercy petition.
Remedy Sought
Commutation of death sentence to life imprisonment on grounds of delay in mercy petition and other mitigating factors.
Filing Reason
Unexplained delay of over 4 years by State in forwarding mercy petition and total delay of nearly 5 years in its disposal.
Previous Decisions
Trial court convicted and sentenced to death on 24.04.2006; High Court confirmed on 27.06.2006; Supreme Court dismissed appeal on 18.09.2009; mercy petition rejected by President on 16.07.2014.
Issues
Whether the death sentence should be commuted due to delay in disposal of mercy petition?
Whether the case falls within the rarest of rare category?
Whether the petitioner's mental illness and long incarceration warrant commutation?
Submissions/Arguments
Petitioner argued that delay of almost 5 years in deciding mercy petition is sufficient to commute death sentence.
Petitioner argued that case is based on circumstantial evidence and not rarest of rare.
Petitioner argued that he suffered from mental illness and has been incarcerated for 14 years.
State did not file counter affidavit despite notice.
Ratio Decidendi
Unexplained and inordinate delay in disposal of mercy petition violates Article 21 and constitutes an additional punishment, warranting commutation of death sentence to life imprisonment. However, the nature of crime may justify a direction that life imprisonment means imprisonment for the entire remaining life.
Judgment Excerpts
Inordinate and unexplained delay in deciding the mercy petition and the consequent delay in execution of death sentence for years on end is another form of punishment which was awarded by the Court.
We are of view that regardless of the brutal nature of crime this is not a fit case where death sentence should be executed and we, accordingly commute the death sentence to that of life.
Procedural History
Trial court convicted and sentenced to death on 24.04.2006. High Court confirmed on 27.06.2006. Supreme Court dismissed appeal on 18.09.2009. Mercy petition filed on 13.10.2009, rejected by President on 16.07.2014. Review Petition and Writ Petition filed in 2014.
Acts & Sections
- Constitution of India: Article 21, Article 72, Article 161
