IMPORTANT POINT
Death sentence – Undue long delay in execution of death sentence would entitle condemned prisoner to pray for commuting death sentence to that of life imprisonment.

JUDGMENT :

Uday Umesh Lalit, CJI.

1. Leave granted.

2. This appeal challenges the judgment and order dated 29.9.2021 passed by the High Court of Karnataka at Bengaluru, dismissing Writ Petition No. 53944/2016 (GM-Res) preferred by the appellant herein. Said writ petition had prayed, inter alia, for following reliefs: -

(A) “Issue appropriate writs, orders or directions directing the Respondents to produce mercy files pertaining to the Petitioner, all the relevant papers and correspondence pertaining to the Petitioner’s mercy petition, for the perusal of the Court since the Petitioner has been able to show a grave, and unexceptionable delay in such processes as undertaken by the Respondents.

(B) Issue appropriate writs, orders or directions directing production of medical file of the Petitioner from prison from the date of his arrest.

(C) Issue appropriate writs, orders or directions and in particular a writ of Declaration, declaring that the execution of the sentence of death on the Petitioner (as communicated through letter dated 15.05.2013 - F.No.14/1/2011-Judicial Cell, Annexure N hereto) pursuant to the rejection of his mercy petition by the office of the Hon’ble President of India is unconstitutional and bad in law.

(D) Issue appropriate writs, orders or directions commuting the death sentence of the Petitioner to imprisonment for life.

(E) Declare that the decision of the office of the Hon’ble President of India rejecting the mercy petition filed by the Petitioner is illegal, void and unenforceable;

(F) Declare that the decision of the office of the Hon’ble Governor of Karnataka rejecting the mercy petition filed by the Petitioner is illegal, void and unenforceable;

(G) Quash and set aside the order of President of India rejecting the mercy petition filed by the Petitioner;

(H) Quash and set aside the order of the Governor of Karnataka rejecting the mercy petition filed by the Petitioner;

(I) Grant inspection of the documents mentioned in (A) and (B) to the Petitioner;

(J) Issue any such other writs, orders and directions as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.

…..”

3. The basic facts leading to the filing of said Writ Petition are as under: -

(a) One Jayashri, wife of Maradi Subbaiah was found raped and murdered in her home on 28.02.1998, which led to the registration of Crime No. 108/1998 with Peenya Circle Police Station, Yeshwanthpur Sub- Division, Bengaluru City. The appellant was arrested in connection with said crime on 2.3.1998 and has been in custody since then. After due investigation, the appellant was tried in Sessions Case No. 725/1999 on the file of Sessions Judge, Fast Track Court-VII, Bengaluru for having committed offences punishable under Sections 302, 376 and 392 of the Indian Penal Code, 1860, ¹[“IPC”, for short].

(b) By its judgment dated 26.10.2006, the trial Court convicted the appellant for the aforesaid offences and by order dated 27.10.2006, awarded punishment of death sentence, subject to confirmation by the High Court. The appellant was immediately transferred to Belgaum Central Prison and according to the appellant, he was kept in solitary confinement.

(c) Case for confirmation of death sentence was registered as Criminal Reference No. 3/2006 before the High Court. The appellant also filed Criminal Appeal No. 2408/2006 challenging his conviction. The matter was heard by a Bench of two Judges, which confirmed the order of conviction, but disagreed on the sentence to be imposed. While Mr. Justice V.G. Sabhahit confirmed the award of death sentence, Mr. Justice R.B. Naik commuted the death sentence to life imprisonment.

(d) The matter was therefore referred to the third Judge i.e., Mr. Justice S.R. Bannurmath on the issue of sentence, who affirmed the award of death sentence by his judgment dated 18.2.2009.

(e) The matter was carried f