Ajay Kumar Pal vs Union Of India And Anr

2. In Sessions Trial No.67 of 2005, the court of Special Judge, CBI, Ranchi by its judgment and order dated 09.04.2007 had awarded death sentence to the petitioner. The matter reached Jharkhand High Court in Death Reference No.3 of 2007 and also as a result of the appeal preferred by the petitioner. The High Court dismissed the appeal and confirmed the death sentence by its judgment and order dated 28.08.2007, which was challenged in this Court vide Criminal Appeal Nos.1295-96 of 2007. This Court concurred with the view taken by the courts below and dismissed the appeals on 16.03.2010. The death sentence imposed upon the petitioner thus stood confirmed on 16.03.2010.

4. On 27.01.2014 a communication was received by the Superintendent, Birsa Munda Central Jail from the Officer on Special Duty, Ministry of Home, Government of Jharkhand that the Mercy Petition was rejected by the President of India which fact was communicated by the Government of India, Ministry of Home Affairs vide its letter dated 08.11.2013. Thus, the petitioner was communicated the result of the disposal of his Mercy Petition preferred on 10.04.2014, nearly after three years and 10 months.

7. The challenge in the instant petition is also not with regard to the verdict wherein the death sentence stands imposed, but the focus is on the subsequent circumstances which are relied upon in support of the case for commutation. Holding the present petition maintainable, we now proceed to deal with the submissions regarding delay in disposal of Mercy Petition and the effect of solitary confinement as canvassed. While dealing with delay in execution of death sentence and the resultant effect, we must note that the Mercy Petitions were forwarded by the Jail Authorities on the very day, enclosing all the relevant judgments pertaining to the matter. The time of 3 years and 10 months taken in disposal of the Mercy Petition and communicating the decision thereon is purely to the account of the authorities and functionaries concerned.

9. In the light of the law laid down by this Court, the facts of the present case need to be considered. The death sentence awarded by the trial court on 09.04.2007 attained finality on 16.03.2010 with the dismissal of appeals by this Court. No further proceedings in the form of review petition etc. were taken on behalf of the petitioner. His Mercy Petition preferred on 10.04.2010 i.e. within a month of the decision of this Court was forwarded the same day with all relevant documents so as to enable the concerned functionaries to exercise requisite jurisdiction. Though no time limit can be fixed within which the Mercy Petition ought to be disposed of, in our considered view the period of 3 years and 10 months to deal with such Mercy Petition in the present case comes within the expression "inordinate delay". The delay is not to the account of the petitioner or as a result of any proceedings initiated by him or on his behalf but is certainly to the account of the functionaries and authorities concerned.

10. The combined effect of the inordinate delay in disposal of Mercy Petition and the solitary confinement for such a long period, in our considered view has caused deprivation of the most cherished right. A case is definitely made out under Article 32 of the Constitution of India and this Court deems it proper to reach out and grant solace to the petitioner for the ends of justice. We, therefore, commute the sentence and substitute the sentence of life imprisonment in place of death sentence awarded to the petitioner. The writ petition thus stands allowed.

.............................J. (Dipak Misra) .............................J. (Rohinton Fali Nariman) .............................J. (Uday Umesh Lalit) New Delhi, December 12, 2014 ITEM NO.1C COURT NO.6 SECTION X (For judgment) S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Criminal) No(s). 128/2014 AJAY KUMAR PAL Petitioner(s) VERSUS UNION OF INDIA AND ANR. Respondent(s) Date : 12/12/2014 This petition was called on pronouncement of judgment today.

Hon'ble Mr. Justice Uday Umesh Lalit pronounced the reportable judgment of the Bench comprising Hon'ble Mr. Justice Dipak Misra, Hon'ble Mr. Justice Rohinton Fali Nariman and His Lordship.

The appeal is allowed commuting the sentence and substituting the sentence of life imprisonment in place of death sentence awarded to the petitioner in terms of the signed reportable judgment.

(Signed reportable judgment is placed on the file)