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2012 Supreme(P&H) 1240

R.P.NAGRATH, SURYA KANT
Vikram Singh @ Vicky Walia – Appellant
Versus
Union of India – Respondent


For the Petitioners:Mr. Bikram Chaudhary, Advocate and Mr. BS Bilowria, Advocates, Dr. Anmol Rattan Sidhu, Assistant Solicitor General of India with Mr. Naresh Kumar Joshi, Senior Counsel (Special Engagement Category) for Union of India Ms. Monica Chhibber Sharma, DAG Punjab and Mr. Ravi Dutt Sharma, DAG Haryana.

JUDGMENT

Mr. Surya Kant J.: - The petitioners seek a writ of certiorari to strike down Section 364-A of the Indian Penal Code inserted by Act No.42 of 1993 w.e.f. 22nd May, 1993 whereby the offence of ‘kidnapping for ransom’ has been made punishable with death or imprisonment for life ‘retrospectively’ w.e.f. 22nd May, 1993 as according to the petitioners it ultra vires Articles 14 & 21 of the Constitution of India. A restrain order against execution of the death warrants issued for 5th October, 2012 with a further direction to “re-open the case of the petitioners” in the light of judgement of this Court in Vinod Kumar v. State of Haryana reported as 2006 Crl. Law Journal 170 is also sought. The petitioners also seek a mandamus for commutation of the death sentence awarded to them into life imprisonment.

2. The facts giving rise to this petition can be briefly noticed as the issues raised hereinabove do not per se hinge around the factual gamut.

3. The petitioners were found guilty of kidnapping Abhi Verma, 16 years’ old minor son of goldsmith Ravi Verma, for a ransom of Rs.50 lacs. The dead body of the minor was got recovered on the basis of a disclosure statement suffered by the










































































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