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2015 Supreme(All) 71

ALLAHABAD HIGH COURT
BEFORE : DR. DHANANJAYA YESHWANT CHANDRACHUD, C.J. AND P.K.S. BAGHEL, J.
PEOPLES’ UNION FOR DEMOCRATIC RIGHTS (PUDR) ....Petitioner
Versus
UNION OF INDIA AND OTHERS ....Respondents
(Civil Misc. Writ Petition (PIL) No. 57810 of 2014 with Criminal Misc. Writ Petition No. 23471 of 2014, decided on 28th January, 2015)

Advocates:
Counsel :
Rakesh Singh, Ms. Smriti Kartikeya, Ms. Ragini Ahuja, Dr. Yug Mohit Chaudhry, Siddhartha and B.N. Jagadeesha for the Petitioner; C.S.C., A.S.G.I./2014/10854, Ashok Mehta, A.S.G., Krishna Agrawal, S.C., Vijay Bahadur Singh, A.G., Akhilesh Singh, G.A. and Vimlendu Tripathi, A.G.A. for the Respondents.

Headnote:Criminal Procedure Code, 1973—Sections 413, 414 and 415—(Indian) Penal Code, 1860—Sections 302, 376, 364, 511, 201 and 120-B—Death penalty—Execution—Delay therein—Commutation—Solitary confinement—No judicial order for—Issuance of death warrant—Why delay caused, who is responsible for it—In present case, there was delay of three years and three months in disposing of mercy petitions—Explanation for, unfounded and unsound—Misapplication of G.O. of State Government dated 13.4.2005—On plea of a death convict Principal Secretary (Home) acted in excess of jurisdiction—Proceeded to make observation on merits recommending that mercy petition be rejected—Governor in accepting recommendation denuded himself of consideration in view of Kehar Singh's case—In view of Sunil Batra's case, solitary confinement without a judicial order—Even, when convict was not under an executable sentence of death—There was no delay or dilatory tactics on part of convict—Death warrant issued without following due process of law—In view of circumstances, it would be unconstitutional infraction of right to life under Article 21 of Constitution—Sentence modified. [Paras 8, 12, 13, 25, 34, 38, 39, 42, 43, 44, 49, 51, 52, 53, 54, 55, 57, 62 and 63]

       

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The case involves the execution of the death sentence of Surendra Koli, which was challenged on constitutional grounds, particularly under Article 21 of the Constitution, relating to the right to life with dignity (!) .

  2. There was a significant delay of over three years in the disposal of mercy petitions filed by the convict, which was deemed unnecessary, prolonged, and unjustified. Large portions of this delay remained unexplained despite multiple reminders and procedural lapses (!) (!) .

  3. The convict was placed in solitary confinement from the time of sentencing, which was argued to violate constitutional safeguards against inhuman and degrading treatment (!) .

  4. The consideration process of the mercy petition by the Governor was found to be flawed due to illegalities, including the misapplication of procedural guidelines not applicable to death sentences, and the Governor acting beyond its jurisdiction based on inadmissible recommendations (!) (!) (!) (!) (!) .

  5. The decision-making process was further compromised by the reliance on inadmissible opinions and the failure to adhere to constitutional principles, particularly the guidelines for fair and reasonable consideration of mercy petitions (!) .

  6. The delay in the disposal of mercy petitions, combined with the inordinate period of custody, was identified as a violation of the convict's right to life under Article 21, especially when such delay was attributable to the State's inaction or procedural lapses (!) (!) .

  7. The court emphasized that the delay in executing the death sentence should be objectively assessed, focusing on whether it was avoidable or caused by the conduct of the authorities or the convict. Unexplained, inordinate delays are incompatible with constitutional protections (!) (!) .

  8. The constitutional jurisprudence recognizes that prolonged delay in executing a death sentence, especially when caused by the State's procedural failings or illegalities, can amount to an infringement of the right to life, and may warrant commutation to life imprisonment (!) (!) .

  9. The process for issuing death warrants must follow due legal procedures, including providing proper notice, specifying exact dates, and ensuring the prisoner has an opportunity to be heard, which was not observed in this case (!) (!) (!) .

  10. The nature of the crime or its heinousness is not relevant at the stage of considering the legality of execution delays or the validity of the sentence, as the law mandates that the death penalty is to be imposed only in the rarest of rare cases, and procedural fairness takes precedence (!) (!) (!) .

  11. The court held that the execution of the death sentence in this case would constitute an unconstitutional violation of the right to life under Article 21 due to the procedural irregularities, delays, and inhuman treatment, and therefore, the death sentence was commuted to life imprisonment (!) (!) .

  12. The court also noted that the exercise of executive powers under Articles 72 and 161 must be independent and based on a proper application of the law and relevant evidence, which was not observed here due to the flawed advice and procedural lapses (!) (!) .

  13. Procedural safeguards, including timely disposal of mercy petitions, proper legal procedures for warrants, and consideration of relevant circumstances, are essential to uphold constitutional rights and prevent arbitrary or inhuman treatment (!) (!) .

  14. The case underscores that delays attributable to the State or procedural lapses, especially when inordinate and unexplained, can invalidate the legality of the death sentence and require its commutation (!) (!) .

  15. The court reaffirmed that considerations such as the gravity of the crime or its brutality are not relevant at the stage of legal review concerning delays or procedural fairness, emphasizing that the law mandates the imposition of death only in the rarest of rare cases and with due process (!) (!) .

Please let me know if you require further analysis or specific legal advice based on these points.


JUDGMENT

By the Court.—The case

The execution of the sentence of death which has been imposed on Surendra Koli, pursuant to a final judgment holding him guilty of the offence of having committed the murder of Rimpa Haldar has been called into question in two writ petitions instituted before this Court under Article 226 of the Constitution. The first of the two petitions was filed by the Peoples’ Union for Democratic Rights (PUDR) seeking a declaration that the execution of the sentence of death pursuant to the rejection of a mercy petition under Article 72 of the Constitution is unconstitutional and seeking a commutation of the sentence to imprisonment for life. On 31 October 2014, this Court stayed the execution of the sentence of death by hanging. The second petition was filed by the convict seeking relief in his personal capacity.

2. On 8 February 2005, the victim, who was fourteen years of age, was reported missing. Surendra Koli (“the convict”) was arrested on 29 December 2006. A charge-sheet was filed against him by the Central Bureau of Investigation (CBI) which investigated the crime, on 19 May 2007. Charges were framed on 18 June 2007 by the trial Court under Sections 302, 364 and 376 of the Indian Penal Code, 1860 (Penal Code) in Sessions Trial No 611 of 2007. On 13 February 2009, the Additional Sessions Judge, Ghaziabad convicted Surendra Koli of offences under Sections 302, 364 and 376 read with Sections 511 and 201 and Section 120-B of the Penal Code and sentenced him to death. The conviction was upheld and the sentence confirmed by this Court on 11 September 2009 while disposing of the confirmation hearing and the appeal filed by the convict. A criminal appeal was dismissed by the Supreme Court on 15 February 2011.

3. At this stage, it would be necessary to note that on 3 May 2011, the Additional Sessions Judge, Ghaziabad issued a warrant for the execution of the sentence of death under Sections 413 and 414 of the Code of Criminal Procedure, 1973 (CrPC) and scheduled the execution of the convict between 24 May 2011 and 31 May 2011 at 4.00 am. The grievance of the convict is that he was not furnished with a notice of the proceedings for the issuance of a death warrant nor was he informed by the prison officials of the scheduled date of execution.

4. On 7 May 2011, the convict addressed a mercy petition to the Governor of the State of Uttar Pradesh under Article 161 of the Constitution. According to the State Government, “the procedure to entertain and to process any mercy petition has been prescribed in Government Order No 660/22-2-2005-17(346)/92 dated 13 April 2005”. The State Government informed the Court that in accordance with the procedure which was prescribed in the Government Order, a letter dated 20 May 2011 was addressed to the District Magistrates of Ghaziabad (within whose jurisdiction the offence was tried) and of Gautam Budh Nagar (where the offence had been committed) as well as the Prison Superintendent, Ghaziabad calling upon them to submit their reports on eleven points referred to in the Government Order dated 13 April 2005 and to provide copies of the judgments of the trial Court, this Court and the Supreme Court at the earliest. Subsequently, reminders were addressed to the District Magistrates and to the Prison Superintendent on 9 June 2011 and 2 September 2011. A report of the District Magistrate, Gautam Budh Nagar dated 18 October 2012 was received by the State Government on 26 October 2012 (after a delay of one year and five months). On 10 December 2012, the file was forwarded to the Home Department of the State Government. On 20 December 2012, a meeting took place after which, as stated before the Court by the State Government, the file was received back with a noting of the Law Department on 24 January 2013. On 31 January 2013, the file was processed for being placed before the Chief Minister whose approval was obtained on 12 February 2013. The file was forwarded to the Governor of the St
























































































































































































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