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2023 Supreme(SC) 465

B. R. GAVAI, VIKRAM NATH, SANJAY KAROL
Balwant Singh – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Mukul Rohtagi, Sr. Adv. Mr. Rupesh Kumar, AOR Ms. Pankhuri Shrivastava, Adv. Ms. Neelam Sharma, Adv. Mr. Rajeev Sharma, Adv. Mr. Alekshendra Sharma, Adv.
For the Respondent(s): Mr. Tushar Mehta, Solicitor General Mr. K M Natarj, A.S.G. Mr. Rajat Nair, Adv. Ms. Priyanka Das, Adv. Mr. Piyush Beriwal, Adv. Mr. Divyansh H Rathi, Adv. Mr. Sharath Nambiar, Adv. Mr. Vatsal Joshi, Adv. Mr. Vinayak Sahrma, Adv. Ms. Indira Bhakar, Adv. Mr. Nakul Chengappa K.K., Adv. Mr. Anuj s. Udupa, Adv. Mr. Chithransh Sharma, Adv. Mr. Arvind Kumar Sharma, AOR Mr. B.V. Balaram Das, Adv. Mr. Ajay Pal, AOR Mr. Mayank Dahiya, Adv. Mr. Shreekant Neelappa Terdal, AOR Mr. Anil Kumar Mishra, AOR Mr. Anurag Singh, Adv.

JUDGMENT :

VIKRAM NATH, J.

1. The present petition under Article 32 of the Constitution of India has been preferred seeking the following reliefs:

    “(a) call for the records of Mercy Petition dated 25.03.2012 pertaining to clemency to the petitioner, filed before the Hon’ble President of India under Article 72 of the Constitution of India.

    (b) issue appropriate writ, order or directions directing the respondents to commute the death sentence awarded to the petitioner into imprisonment for life due to inordinate delay of more that 08 years in deciding the Mercy Petition dated 25.03.2012.

    (c) pass any other or further order which Your Lordships may deem fit and proper in the interest of justice.”

2. Pleadings have been exchanged.

3. We have heard learned counsel for the parties and perused the material on record.

4. Shorn of unnecessary details, the relevant facts are stated hereunder:

    4.1. On 31.8.1995, in a bomb blast the then Chief Minister of Punjab Shri Beant Singh, along with 16 others, lost their lives and a dozen others were injured. The present petitioner, along with 8 others, who

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