JUDGMENT

OZA, J. :— In view of the conflicting decisions in (i) T. V. Vatheeswaran v. State of Tamil Nadu, (1983) 2 SCR 348; (ii) Sher Singh v. State of Punjab (1983) 2 SCR 582; and (iii) Javed Ahmed Abdul Hamid Pawala v. State of Maharashtra, (1985) 2 SCR 9 question as to whether prolonged delay in execution of death sentence entitles the accused to the lesser sentence of life imprisonment has come up for consideration before the Constitution Bench. We have examined the question carefully in the light of the submissions made by counsel on both sides. We have also examined the individual cases listed for consideration. We now give only our conclusion to avoid further delay in these matters. The reasons in support of the conclusion will follow later.

2. We are of the opinion that :

1. Undue long delay in execution of the sentence of death will entitle the condemned person to approach this Court under Article 32 but this Court will only examine the nature of delay caused and circumstances ensued after sentence was finally confirmed by the judicial process and will have no jurisdiction to re-open the conclusions reached by the Court while finally maintaining the sentence of death. This