The Telegraph
Saturday , March 1 , 2014
CIMA Gallary

Govt challenges Supreme Court verdict on commuting death sentences

New Delhi, Mar 1 (PTI): The Union government on Saturday moved the Supreme Court seeking review of its verdict holding that undue delay by the government in deciding mercy plea can be a ground to commute death sentence of a condemned prisoner.

The Centre submitted that the January 21 judgment, by which 15 condemned prisoners were granted life and which paved the way for similar relief for the killers of Rajiv Gandhi, is “patently illegal, suffers from errors apparent”.

It said a Constitution Bench should have heard such an important issue, and the judgment passed by a three-judge bench was without “jurisdiction”.

“It is respectfully submitted that the impugned judgment is patently illegal, suffers from errors apparent on the face of the record and flies in the face of well-established principles of law laid down by this Court and contained in the Constitution and other statutes,” the review petition said.

“It is submitted that in the present case, the issue raised was that of the commutation of the death sentence to life imprisonment on the ground of delay, which allegedly attracted Article 21 (right to life) in favour of the convicts.

“Therefore, it involved a substantial issue of interpretation of the Constitution and ought to have been heard by a bench of five Judges, as mandated under Article 145 of the Constitution,” it said.

Referring to an earlier apex court order in which it was said that nature of crime to be considered while commuting death sentence of a convict, the government said previous verdict “observed that there is a distinction between offences such as TADA and other offences”.

”Thus, there is an error apparent on the face of the record, and the impugned judgement merits a review,” it said.