JUDGMENT :

1. A bunch of writ petitions were filed in this Court and referred to a Constitution Bench by an order dated 28.04.2014 to answer two basic issues that fell for determination, namely, (1) whether cases in which death sentence has been awarded should be heard by a Bench of at least three if not five Hon'ble Judges of this Court and (ii) whether hearing and disposal of the Review Petitions in death sentence cases should not be by circulation but should only be in open court and whether Order 40 Rule 3 of Supreme Court Rules, 1966 should to the extent the said Rule does not permit an open court hearing be declared unconstitutional inasmuch as persons on death row are denied such a hearing.

2. By a majority judgment of 4:1, this Court answered the first question in the affirmative, keeping in view an amendment to Order 6 Rule 3 of the Supreme Court Rules, 2013 which had introduced a provision to the effect that every case arising out of death sentence awarded to the convict shall be heard by a Bench consisting of not less than three Judges. This Court held that in the light of the said amendment all cases in which death sentences are awarded by the High Courts and appeals agai