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G. NARENDAR, C. M. POONACHA
Saibanna – Appellant
Versus
Union of India – Respondent
JUDGMENT
G.NARENDAR, J. - Heard the learned counsel Smt. Ragini Ahuja appearing on behalf of the petitioner, the learned HCGP Sri Kiran Kumar for respondent Nos.2 to 4, learned CGC Sri Jayakara Shetty for respondent No.1 and the learned Senior counsel Sri Vikram A Huilgol, Amicus Curiae.
2. Facts in brief - are that the petitioner, a 70 years old death row convict has approached this Court being aggrieved by the rejection of his Mercy Petition dtd. 29/4/2005 by proceedings of His Excellency the President of India dtd. 4/1/2013.
3. The factual matrix of the case is that the petitioner appeared before the jurisdictional Afzalpur Police Station on 9/1/1988 and lodged an FIR stating that he had killed his wife Malkawwa as she was in an illicit relationship with another man and that had greatly disturbed him. The police effected arrest and completed the formalities and he was sent to judicial custody and during his stay, he came in contact with PW-1, one Dattu, who offered the hand of his daughter in marriage after his release. The petitioner was released on bail in S.C.No.32/1988 somewhere around July 1988 and during his stay on bail, the marriage with one Nagamma, daughter of PW-1 ensu
The judgment establishes that excessive delays in mercy petition consideration and unlawful solitary confinement can lead to the commutation of a death sentence to life imprisonment, reinforcing the ....
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.
(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....
Presidential powers to grant mercy are independent from judicial decisions, requiring careful individual consideration without undue delay.
Capital punishment can only be imposed in 'rarest of rare' cases, and mitigating factors such as the age of the offender can influence commutation of death sentences.
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