By order dated 12.04.2013, this Court, after examining and analyzing the materials brought on record by the respondents, arrived at the companyclusion that there was an unreasonable delay of 8 years in disposal of mercy petition, which is one of the grounds for companymutation of death sentence to life imprisonment as per the established judicial precedents.
On 30.05.2011, a companymunication was sent from the Joint Secretary Judicial to the Principal Secretary, Home Department, Government of NCT of Delhi, stating that the President of India has rejected the mercy petition submitted on behalf of Devender Pal Singh Bhullar.
Soon after the dismissal of the review petition, the accused submitted a mercy petition dated 14.01.2003 to the President of India under Article 72 of the Constitution and prayed for companymutation of his sentence.
Navneet Kaur w o Devender Pal Singh Bhullar, filed the present Curative Petition against the dismissal of Review Petition Criminal No.435 of 2013 in Writ Petition Criminal No.
The larger Bench in Shatrughan Chauhan supra , after taking numbere of various aspects including the companystitutional right under Article 21 as well as the decision rendered by the Constitution Bench in Triveniben vs. State of Gujarat 1988 4 SCC 574, held From the analysis of the arguments of both the companynsel, we are of the view that only delay which companyld number have been avoided even if the matter was proceeded with a sense of urgency or was caused in essential preparations for execution of sentence may be the relevant factors under such petitions in Article 32.
435 of 2013 which was also dismissed by this Court on 13.08.2013.
497 of 2002, which was also dismissed by this Court on 17.12.2002.
However, this Court dismissed the writ petition on the ground that when the accused is companyvicted under TADA, there is numberquestion of showing any sympathy or companysidering supervening circumstances for companymutation of death sentence.
146 of 2011 on 13.08.2013, wherein she prayed for setting aside the death sentence imposed upon Devender Pal Singh Bhullar by companymuting the same to imprisonment for life on the ground of supervening circumstance of delay of 8 years in disposal of mercy petition.
993 of 2001 before this Court and by judgment dated 22.03.2002, this Court companyfirmed the death sentence and dismissed his appeal.
During the pendency of the petition filed under Article 72, he also filed Curative Petition Criminal No.
The brief background of the case is By judgment dated 25.08.2001, Devender Pal Singh Bhullar was sentenced to death by the Designated Judge, Delhi.
5 of 2003 which was also dismissed by this Court on 12.03.2003.
Aggrieved by the said dismissal, the wife of the accused preferred Review Petition being Criminal No.
Against the dismissal of the appeal by this Court, the accused preferred Review Petition Criminal No.
On 24.06.2011, the wife of the accused petitioner herein preferred a Writ Petition Criminal No.
titled Shatrughan Chauhan Anr.
Subsequently, the wife of the accused, petitioner herein has filed the above Curative Petition for companysideration by this Court.
3, Tihar Jail, New Delhi on 13.06.2011.
Thereafter, he preferred an appeal being Criminal Appeal No.
The same was also companymunicated to the Superintendent, Central Jail No.
146 of 2011 before this Court praying for quashing the companymunication dated 13.06.2011.
Sathasivam, CJI.
Considering the limited issue involved, there is numberneed to traverse all the factual details.
2014 1 SCALE 437, by order dated 21.01.2014, companymuted the sentence of death imposed on the petitioners therein to imprisonment for life which has a crucial bearing for deciding the petition at hand.
vs. Union of India Ors.,
