NAVNEET KAUR versus STATE OF NCT OF DELHI & ANR.

Citation: [2014] 4 S.C.R. 1138 · Decided: 31-03-2014 · Supreme Court of India · Bench: P. SATHASIVAM · Disposal: Disposed off
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Judgment (excerpt)

[2014) 4 S.C.R. 1138 
A 
NAVNEET KAUR 
v. 
STATE OF NCT OF DELHI & ANR. 
(Curative Petition (Criminal) No. 88 of 2013) 
IN 
B 
(Review Petition (Criminal) No. 435 of 2013) 
IN 
(Writ Petition (Criminal) No. 146 of 2011) 
MARCH 31, 2014 
C 
[P. SATHASIVAM, CJI., R.M. LODHA, H.L. DAITU AND 
SUDHANSU JYOTI MUKHOPADHAYA, JJ.] 
Sentence! Sentencing - Commutation of death sentence 
to life imprisonment - Petitioner's husband convicted under 
D TADA and sentenced to death - Plea for commuting the death 
sentence to life imprisonment on ground of supervening 
circumstance of delay of 8 years in disposal of mercy petition 
- Held: Insanity/mental illness/schizophrenia is also one of the 
supervening circumstances for commutation of death 
E sentence to life imprisonment - Petitioner's husband suffering 
from acute mental illness and cannot be executed with the 
said health condition - Death sentence imposed on him 
commuted into life imprisonment both on the ground of 
unexplained! inordinate delay of 8 years in disposal of mercy 
F petition and on the ground of insanity - Terrorism and 
Disruptive Activities (Prevention) Act - Mercy Petition. 
The petitioner's husband was convicted under the 
Terrorism and Disruptive Activities (Prevention) Act 
(TADA) and sentenced to death by the trial court. He 
G preferred appeal before this Court which confirmed the 
death sentence. The petitioner's husband then preferred 
Review Petition which was also dismissed. Soon after 
dismissal of the review petition, he submitted a mercy 
H 
petition dated 14.01.2003 to the President of India under 
1138 
NAVNEET KAUR v. STATE OF NCT OF 
1139 
DELHI & ANR. 
Article 72 of the Constitution and prayed for commutation 
A 
of his sentence. During pendency of the mercy petition, 
he also filed Curative Petition which was also dismissed 
by this Court. 
On 30.05.2011, the President of India rejected the 
mercy petition submitted on behalf of the petitioner's 
8 
husband. The same was also communicated to the Jail 
Superintendent on 13.06.2011. On 24.06.2011, the wife of 
the accused (petitioner herein) preferred a Writ Petition 
before this Court praying 
for quashing 
the 
communication dated 13.06.2011. This Court dismissed 
C 
the writ petition. Review Petition thereagainst was also 
dismissed. 
Subsequently, the petitioner filed the instant Curative 
Petition praying for setting aside the death sentence o 
imposed upon her husband by commuting the same to 
imprisonment for. life on the ground of supervening 
circumstance of delay of 8 years in disposal of mercy 
petition. 
Disposing of the curative petition, the Court· 
E 
HELD: 1.1. Very recently, a three-Judge Bench of this 
Court, in the Shatrughan Chauhan case, commuted the 
sentence of death imposed on the petitioners therein to 
imprisonment for life which has a crucial bearing for 
F 
deciding the petition at hand. In the aforesaid verdict, this 
Court validated the established principle and held that 
unexplained/unreasonable/inordinate delay in disposal of 
mercy petition is one of the supervening circumstances 
for commutation of death sentence to life imprisonment. 
G 
[Para 8) [1142-G-H; 1143-A-E] 
1.2. In addition, it is clear from letter dated 08.02.2014 
received by the Registry on 12.02.2014 from the Institute 
of Human Behaviour and Allied Sciences, that the 
H 
1140 
SUPREME COURT REPORTS 
[2014] 4 S.C.R. 
A accused herein (i.e. the petitioner's husband) was 
examined by the Standing Medical Board on 05.02.2014. 
The report signed by the Director & Chairman as well as 
four Mem!Jers of the Medical Board clearly shows that he 
is suffering from acute mental illness. [Para 12) [1145-E; 
B 1146-C] 
1.3. The three-Judge Bench in Shatrughan Chauhan 
held that insanity/mental illness/schizophrenia is also one 
of the supervening circumstances for commutation of 
death sentence to life imprisonment. By applying the 
C principle enunciated in Shatrughan Chauhan, the 
petitioner's husband cannot be executed with the said 
health condition. It is deemed fit to commute the death 
sentence imposed on him into life imprisonment both on 
the ground of unexplained/inordinate delay of 8 years in 
D disposal of mercy petition and on the ground of insanity. 
[Paras 13, 14] [1146-D-F] 
E 
F 
Shatrughan Chauhan & Anr. vs. Umon of India & Ors. 
2014 (1) SCALE 437 - held applicable. 
Triveniben VS. State of Gujarat (1988} 4 sec 57 4; 
Devender Pal Singh Bhullar vs. State (NCT) of Delhi (2013) 
6 sec 1
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