A’ was sentenced to death, but his death sentence was not executed for 12 years. Therefore, ‘A’ demands the quashing of his death sentence under Article 21 of the Constitution. Examine the validity of his contention.
TheSayeed Answered question March 15, 2024
Facts of the Case:
- ‘A’ was sentenced to death, but the execution of his death sentence was delayed for 12 years.
Issues in the Case:
- Can ‘A’ demand the quashing of his death sentence under Article 21 due to the delay in execution?
- Should ‘A’s death sentence be commuted to life imprisonment due to the prolonged delay?
Principle:
- Article 21 of the Indian Constitution guarantees the protection of life and personal liberty.
- Prolonged delay in the execution of a death sentence exceeding two years can invoke the protection of Article 21, leading to the commutation of the death sentence to life imprisonment.
Judgement:
- In T.V. Vatheeswaran v. State of Tamil Nadu, AIR 1981 SC 643, the Supreme Court ruled that a delay in executing a death sentence exceeding two years warrants the commutation of the death sentence to life imprisonment under Article 21.
- Similarly, in Sher Singh v. State of Punjab, AIR 1983 SC 465, the Court affirmed that prolonged delay in executing a death sentence is a crucial factor in invoking Article 21.
- However, the decision to commute a death sentence to life imprisonment should be based on the circumstances of each case.
- Factors such as the convict’s conduct, the nature and impact of the offense on society, and the likelihood of its repetition should be considered by the Court.
- While prolonged detention awaiting execution of a death sentence is deemed unjust and unfair, the decision to quash the death sentence should be made judiciously, taking into account all relevant factors.
- Therefore, while ‘A’ cannot demand the outright quashing of his death sentence, he may petition for its commutation to life imprisonment based on the prolonged delay in execution, as established by precedents in T.V. Vatheeswaran and Sher Singh cases.
Based on the principles established in the mentioned cases, ‘A’ may seek the commutation of his death sentence to life imprisonment due to the prolonged delay in its execution, as provided under Article 21 of the Constitution.
TheSayeed Answered question March 15, 2024