ORDER :

The following observations of Hon’ble Justice V.R. Krishna Iyer in the case of MOHAMMAD GIASUDDIN vs. STATE OF ANDHRA PRADESH, 1978 SCR (1) 153 should prelude this judgment:

“…Criminality is a curable deviance. The morality of the law may vary, but is real. The basic goodness of all human beings is a spiritual axiom, a fall–out of the advaita of cosmic creation and the spring of correctional thought in criminology…If every saint has a past, every sinner has a future, and it is the role of law to remind both of this. The Indian legal genius of old has made a healthy contribution to the world treasury of criminology. The drawback of our criminal process is that often they are built on the bricks of impressionist opinions and dated values, ignoring empirical studies and deeper researches….India, like every other country, has its own crime complex and dilemma of punishment. Solutions to tangled social issues do not come like the crack of dawn but are the product of research and study, oriented on the founding faiths of society and driving towards that transformation which is