LexSHATRUGHAN CHAUHAN & ANR. versus UNION OF INDIA & ORS.
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(2014] 1 S.C.R. 609 SHATRUGHAN CHAUHAN & ANR. v. UNION OF INDIA & ORS. (Writ Petition (Criminal) No. 55 of 2013) JANUARY 21, 2014 . [P. SATHASIVAM, CJI, RANJAN GOGOi AND SHIVA KIRTI SINGH, JJ.] Mercy jurisprudence: Constitution of India, 1950: Articles 721161 - Commutation of death sentence to life imprisonment - Effect of supervening circumstances - Held: A B c Undue long delay in execution of sentence of death entitle D the condemned prisoner to approach Supreme Court u/Article 32 - However, Supreme Court will only examine the circumstances surrounding the delay that has occurred and · those that have ensued after sentence was finally confirmed by the judicial process - Supreme Court would not reopen the conclusion already reached but may consider the question E of inordinate delay - Delay .caused by circumstances beyond the prisoners' control mandates commutation of death sentence - Unexplained delay is a ground for commutation of death sentence into life imprisonment and the said supervening circumstance is applicable to all types of cases F including the offences under TADA - The only aspect the courts have to satisfy is that the delay was unreasonable and unexplained or inordinate at the hands of the executive - Insanity is also . one of the supervening circumstances that warrant for commutation of death sentence - In the instant writ G petitions, in the light of principles and facts of each case, the death sentence of all the petitioners is commuted into imprisonment for life - Code of Criminal Procedure, ·1973 - Prisons Act, 1894. 609 H 610 SUPREME COURT REPORTS [2014] 1 S.C.R. A Articles 721161 - Nature of power guaranteed under - Held: The power vested in the President u!Article 72 and the Governor u/Article 161 is a Constitutional duty - It is neither a matter of grace nor a matter of privilege but is an important constitutional responsibility reposed by the people in the B highest authority - The power of pardon is essentially an executive action, which needs to be exercised in the aid of justice and not in defiance of it - The said power is to be exercised on the aid and advice of the Council of Ministers - Also, Articles 721161 of the Constitution entail remedy to all c the convicts and is not limited to only death sentence cases. Articles 721161 - Limited Judicial Review of the executive orders u/Article 721161 - Held: Executive orders u/Articles 721 161 should be subject to limited judicial review based on the rationale that the power u/Articles 721161 is per se above D judicial review, however, the manner of exercise of power is certainly subject to judicial review - Administrative law. E Articles 721161 - Processing the mercy petition - Procedure adopted u!Articles 721161- Discussed. Articles 721161 - Mercy petition - Limitation period for adjudication - Held: After the completion of the judicial process, if the convict files a mercy petition to the Governor/ President, it is incumbent on the authorities to dispose of the same expeditiously - Though no time limit can be fixed for F the Governor and the President, it is the duty of the executive to expedite the matter at every stage, viz., calling for the records, orders and documents filed in the court, preparation of the note for approval of the Minister concerned, and the ultimate decision of the constitutional authorities - Limitation. G Articles 721161 - Mercy petition - Procedural Lapses - Held: Ministry of Home Affairs, Government of India has detailed procedure regarding handling of petitions for mercy in death sentence cases - The Rules make it clear that at H every stage the matter has to be expedited and there cannot SHATRUGHAN CHAUHAN v. UNION OF INDIA 611 be any delay at the instance of the officers, particularly, the A Superintendent of Jail, in view of the language used therein as "at once" - Apart from these Rules· regarding presentation of mercy petitions and disposal thereof, necessary instructions have been issued for preparation of note to be approved by the Home Minister and for passif]g appropriate orders by the s President of India . .Article 21 - Right to life - Rights of accused vis-a-vis right of victim - Held: While Article 21 is the paramount principle on which rights of the convicts are based, it must be considered along with the rights of the victims or the C deceased's family as also societal consideration since these elements form par
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