Judgment

M. H. BEG, J.:- A petition under Article 226 of the Constitution was filed in the High Court of Delhi, seeking a writ in the nature of Mandamus "or any other appropriate writ, direction or order", to restrain the respondents from carrying out the sentence of death passed against Amrit Bhushan Gupta, a person condemned to death for having committed culpable homicide amounting to murder. The petition was filed by Smt. Shanti Devi, purporting to act on behalf of her son Amrit Bhushan Gupta, who was alleged to be insane. A Division Bench of the Delhi High Court passed the following order on it:

"We have no doubt in our minds that if the petitioner is really insane, as stated in the petition, the appropriate authorities will take necessary action. This petition, at this stage, we feel, does not justify invocation of the powers of this Court under Article 226 of the Constitution. Criminal Writ is dismissed."

2. Before the grant of special leave to the petitioner on 27th August, 1976, an application for intervention in the matter had been filed by Tek Chand Chandra supported by an affidavit stating the following facts which have not been controverted:

"Amrit Bhushan Gupta was sentenc