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2019 Supreme(Bom) 1335

B.P.DHARMADHIKARI, SWAPNA S.JOSHI
Pradeep Yashwant Kokade – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Dr. Yug Mohit Chaudhary a/w Ms. Raghini Ahuja, Ms. Payoshi Roy and Mr. Siddharth
For the Union of India : Mr.Anil C. Singh, Additional Solicitor General a/w. Mr. H.S. Venegavkar, x Additional Public Prosecutor, Mr. Aditya Thakkar and Mr. T. V. Dhotre
For the State :Mr. A. A. Kumbhakoni, Advocate General a/w. Mrs. Aruna Pai, APP.

JUDGMENT :

B. P. DHARMADHIKARI, J.

1. By these petitions under Article 226 of the Constitution of India the petitioners -convicts pray for declaration that the execution of sentence of death in their respective cases is unconstitutional and bad in law, the directions to commute the same into punishment of imprisonment for life be issued and death warrants be quashed and set aside. There is also challenge to orders passed by Hon'ble the President of India and Hon'ble the Governor of Maharashtra rejecting their mercy petitions.

2. Before proceeding further it will be appropriate to briefly mention the grounds of attack. It is submitted that after judgment of Hon'ble Apex Court dated 8/5/2015, there is huge delay of 1507 days i.e. 4 years 1 month and 6 days till 24/6/2019 when death sentence was to be executed. There is no application of mind by Hon'ble the Governor and Hon'ble the President to their respective mercy petitions. After the judgment of Sessions Court dated 20/3/2012 sentencing them to death, they have continued in solitary confinement and they have thus undergone more than 8 years of solitary confinement. This sentence inflicted upon them is in violation of Article 21 of th

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