Devender Pal Singh Bhullar V/s State of N.C.T. of Delhi

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2013-04-12
Case No: 16039 OF 2011
Case Type: Writ Petition (Criminal)
Judge Name: G.S. Singhvi & Sudhansu Jyoti Mukhopadhaya
Subject: Criminal Law -Capital Punishment-Review Petition
Statutes / Acts: Constitution of India
State of Appellant(s): Punjab
Case Note / Description :

The documents produced by Shri K.T.S. Tulsi do give an indication that on account of prolonged detention in jail after his conviction and sentence to death, the petitioner has suffered physically and mentally, the same cannot be relied upon for recording a finding that the petitioner’s mental health has deteriorated to such an extent that the sentence awarded to him cannot be executed. Before parting with the judgment, we consider it necessary to take cognizance of a rather disturbing phenomena. The statistics produced by the learned Additional Solicitor General show that between 1950 and 2009, over 300 mercy petitions were filed of which 214 were accepted by the President and the sentence of death was commuted into life imprisonment. 69 petitions were rejected by the President. The result of one petition is obscure. However, about 18 petitions filed between 1999 and 2011 remained pending for a period ranging from 1 year to 13 years. A chart showing the details of such petitions is annexed with the Judgment as Schedule ‘A’. The particulars 6Page 68 contained in Schedule ‘A’ give an impression that the Government and the President’s Secretariat have not dealt with these petitions with requisite seriousness. We hope and trust that in future such petitions will be disposed of without unreasonable delay. For the reasons stated above, we hold that the petitioners have failed to make out a case for invalidation of the exercise of power by the President under Article 72 of the Constitution not to accept the prayer for commutation of the sentence of death into life imprisonment. The writ petitions are accordingly dismissed.

 
 
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