ORDER

Permission to appear and argue in person is granted.

Heard Mr. Rishi Malhotra, petitioner-in-person.

2. The petitioner has preferred this petition under Article 32 of the Constitution of India. The petitioner has called in question the constitutional validity of Section 354(5) of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C"). Section 354(5) reads as follows:-

"When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead."

3. It is contended by Mr. Rishi Malhotra that he does not intend to challenge the imposition of death penalty as the same has been put to rest by a Constitution Bench judgment in Bachan Singh v. State of Punjab (1982) 3 SCC 24.

4. Be it noted, the constitutional validity of Section 354(5) has been upheld by a three-judge Bench of this Court in Deena alias Deen Dayal and Others v. Union of India and Others (1983) 4 SCC 645. It is well settled in law that view of constitutional perspective does not remain static. The Constitution of India being an organic, living and a compassionate Constitution recognises the sanctity of progress with efflux of time. The provision that once held to be valid, with pas