AJAY KUMAR PAL Versus UNION OF INDIA

IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL JURISDICTION

WRIT PETITION (CRIMINAL) NO.128 OF 2014

AJAY KUMAR PAL …. Petitioner

Versus

UNION OF INDIA AND ANOTHER …. Respondents

The challenge in the instant petition is also not with regard to the verdict wherein the death sentence stands imposed, but the focus is on the subsequent circumstances which are relied upon in support of the case for commutation. Holding the present petition maintainable, we now proceed to deal with the submissions regarding delay in disposal of Mercy Petition and the effect of solitary confinement as canvassed. While dealing with delay in execution of death sentence and the resultant effect, we must note that the Mercy Petitions were forwarded by the Jail Authorities on the very day, enclosing all the relevant judgments pertaining to the matter. The time of 3 years and 10 months taken in disposal of the Mercy Petition and communicating the decision thereon is purely to the account of the authorities and functionaries concerned. The question whether delay in execution of death sentence can be a sufficient ground or reason for substituting such sentence by life imprisonment has engaged the attention of this Court over a period of time….read more