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ABHAY S OKA, AHSANUDDIN AMANULLAH, AUGUSTINE GEORGE MASIH
State of Maharashtra – Appellant
Versus
Pradeep Yashwant Kokade – Respondent
JUDGMENT :
ABHAY S. OKA, J.
1. The main question involved in these appeals is about the effect of delay in executing the death sentence.
FACTUAL ASPECTS
2. The deceased was employed in a company as an Associate. The deceased was required to attend the night shift between 11:00 pm and 09:00 am. On 1st November 2007, one Purushottam Dasrath Borate (Convict no.2) was scheduled to pick up the deceased from her residence at 10:30 pm. Convict no.2 was the driver of the cab hired by the employer of the deceased. As per usual practice, Convict no.2 gave a missed call to the deceased. After receiving the missed call, the deceased came down. After picking up the deceased, Convict no.2 was supposed to pick up one Sagar Bidkar, an employee of the same company. Though Sagar repeatedly called Convict no.2, there was no response. At about 12:45 am, Convict no.2 came to pick up Sagar. When Sagar sat in the vehicle, one Pradeep Yashwant Kokade (Convict no.1/Respondent no.1) was already occupying the car's rear seat. Convict no.1 introduced convict no.2 to Sagar as his friend. Before the vehicle reached the company's office, Convict no.1 alighted from the car. Convict no.2 requested Sagar to endorse in
(1) Death sentence – Undue delay in issuing warrant of execution can violate rights of convicts under Article 21 of Constitution of India.(2) Death sentence – Delay in executing death sentence – Arti....
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.
The executive has discretion to defer decisions on sensitive matters based on national security concerns.
Presidential powers to grant mercy are independent from judicial decisions, requiring careful individual consideration without undue delay.
The court emphasized that sufficient cause for delay under the Limitation Act must be established, aligning government entities with private litigants regarding the standards for delay condonation.
The court emphasizes a liberal approach to condoning delay, highlighting that procedural errors should not obstruct substantial justice when sufficient cause is shown.
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