B.P.DHARMADHIKARI, SWAPNA S.JOSHI
Pradeep Yashwant Kokade – Appellant
Versus
Union of India – Respondent
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
Ajaykumar Pal Vs. Union of India and another reported at 2015 (2) SCC 478
Bikas Chatterjee Vs. Union of India and Ors reported at (2004) 7 SCC 634
Bachan Singh vs. State of Punjab (1980) 2 SCC 684
Kehar Singh Vs. Union of India reported at (1989) 1 SCC 204
PUDR Vs. Union of India reported at 2015 CrLJ 4141
Shabnam Vs. Union of India and Others reported at (2015) 6 SCC 702
Shatrughan Chauhan & Anr. Vs. Union of India and Ors. reported at (2014) 3 SCC 1
State of Mahartasthra and Ors. Vs. Saeed Sohail Sheikh and Ors. reported at (2012) 13 SCC 192
Peoples Union Democratic Rights Vs. Union of India and Ors. reported at 2015 CrLJ 4141
Sawai Singh Vs. State of Rajasthan reported at (1988) 1 WLN 649
V. Sriharan @ Murugan Vs. Union of India reported at (2014) 4 SCC 242
Sunil Batra Vs. Delhi Administration (1978) 4 SCC 494
Shersingh Vs. State of Punjab reported at (1983) 2 SCC 344
Triveniben Vs. State of Gujarat
T.V. Vatheeswaran Vs. State of Tamil Nadu (1983) 2 SCC 68
Yakub Abdul Razak Memon Vs. State of Maharashtra reported at (2015) 9 SCC 552
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