Summarize the following court judgment. (CRL.) No. 133 of 1991. (Under Article 32 of the Constitution of India). R.K. Jain	 Ravi Prakash	 Mrs. Swati Kapoor Ms. Abha R. Sharma and Ms. Rajni K. Prasad for the Petitioner. 464 Altaf Ahmed	 Additional Solicitor General	 Ms. Kusum Choudhary	 C. Ramesh and Ms. A. Subhashini for the Respondents. The Judgment of the Court was delivered by SHARMA	 J. On the basis of a letter received from a prisoner detained in Alipore Central Jail	 Calcutta	 drawing the attention of this Court to the long wait of Daya Singh	 the petitioner convicted for the murder of late Chief Minister of Punjab Pratap Singh Kairon	 lodged at present in Rohtak Jail Haryana	 pending the execution of his death sentence	 this case was registered as a writ petition and was listed before us on 27.3.1991. All the relevant facts were not available from the letter but from the Office Report it appeared that the case of the condemned prisoner had earlier come to this Court. We directed the Registry to examine the earlier files and place before us the relevant details. In the meantime we stayed the execution of the death sentence. The learned carousel for the State of Haryana was also informed about the case. As directed	 the case was placed before us again on Monday	 the 1st April	 1991	 when Ms. Kusum Chaudhary appeared on behalf of State of Haryana and orders were passed for notice to the counsel representing the Union of India. Having heard about the case	 the convict Daya Singh engaged his own counsel to represent him and to press this writ petition and accordingly Mr. R.K. Jain appeared for him on 5.4.1991. We have	 in the circumstances	 treated this application as one directly by Daya Singh. The Union of India is represented by Additional Solicitor General of India. The case was further adjourned at the request of the counsel and was ultimately heard on 16.4.1991. Mr. Jain has contended that if the relevant circumstances of this case are examined in the light of the decisions of this Court	 the conslusion is irresistible that there has been inexcusable delay in executing the death sentence of the petitioner	 and the sentence should	 therefore	 be quashed by this Court under Article 32 of the Constitution. The petitioner was tried for the murder of Sardar Pratap Singh Karion which took place in 1965 and was convicted and sentenced to death by the trial court on 13.12.1978. The sentence was confirmed by the High Court on 22.3.1980. His Special leave petition was dismissed by this Court on 21.8.1980 and a further prayer for review was rejected on 2.9.1981. He filed mercy petitions before the Governor and the President of India	 which were also rejected. 465 Seveal orders of stay were passed from time to time	 the details whereof are not very significant in view of the rejection by this Court of an earlier application under Article 32	 being Writ Petition No. 191 of 1986	 filed through his brother Lal Singh. The case was dismissed on October 11	 1988 and the stay of the execution of the sentence stood vacated. The reasoned judgment	 however	 was pronounced later and is resported in Smt. Triveniben vs State of Gujarat; 	 The petitioner filed another mercy petition thereafter before the Governor of Haryana on 18.11.1988 and an order for stay of execution was again passed. The matter remained pending and the petitioner has been awaiting the final outcome of his last petion since then. On the basis of a newspaper report dated December 24	 1990 it is alleged that the attention of the Deputy Prime Minister was drawn to the petitioner 's case and the Deputy Prime Minister gave an assurance that he would examine the matter. The report drew the attention of Alipore Jail prisoner which prompted him to send the letter which led the Registry of this Court to register the present writ petition. The earlier writ petition of the petitioner Writ petition No. 191 of 1986	 filed through his brother Lal Singh	 was initially heard by a Division Bench of this Court and the matter	 along with a number of other applications on behalf of other convicts was referred for the decision of the Constitution Bench. The cases were heard at considerable length by the Constitution Bench of which one of us (Sharma	L) was a member and the leading argument at that stage was also made by Mr. R.K. Jain when all aspects of the cases were thoroughly considered. Finally	 this Court substituted the sentence of death of one convict (Harbhajan Singh) in another case by the sentence of imprisonment for life	 but the other writ petitions including that of the prisoner were dismissed. In the circumstances the petitioner cannot succeed on the basis of the earlier delay. The operative part of the judgment	 as stated earlier	 was passed in October	 1988 and what is now relevant to consider is the delay subsequent to this date. Before proceeding further we may refer to the decision in Smt. Triveniben 's case laying down the principle which governs the present petition. Although the cases were disposed of by two judgements	 according to the opinion of the Bench	 which was unanimous	 undue delay in execution of the sentence of death entitles the condemned prisoner to approach this Court under Article 32	 but this Court will examine only the nature of delay caused and circumstances ensued after the sentence was finally confirmed by the judicial process	 and will have no jurisdiction to reopen the conclusions reached by the 466 Court while finally maintaining the sentence of death. Further	 while considering the grievance of inordinate delay this Court may consider all the circumstances of the case for deciding as to whether the sentence of death should be altered into imprisonment for life	 and no fixed period of delay could be held to make to sentence of death inexecutable. In the light of these observations the circumstances of the present case are to be examined. It is true that while rejecting the earlier prayer of the petitioner on October 11	 1988 all the relevant considerations were taken into account and the petitioner cannot be permitted to raise the same plea once rejected	 by repeated petitions. But this does not deprive the petitioner the right to renew the prayer on fresh circumstances arising later and	 therefore	 not considered. This is the position in the present case. Although the matter was finally closed by this Court in October	 1988	 the petitioner continues to remain in a state of suspense since then. The main question is as to what is the effect of this delay. The initial reason for the further delay has been a fresh mercy petition filed by the petitioner. Does this fact justify keeping him under a sence of anticipation for more than two years? If the prayer was not considered fit be rejected at once it was certainly appropriate to have stayed the execution	 but the matter should have been disposed of expeditiously and not kept in abeyance as has been done. The counter affidavit filed on behalf of the Union of India states that on the receipt of the last mercy petition the Governor of Haryana immediately made a reference to the President of India seeking enlightenment on the question as to whether the Governor	 while dealing with such applications	 is bound by the advice of the Chief Minister of the State and whether it is open to the Governor to exercise his constitutional power in a case where an earlier application to the same effect had been rejected by the President. Soon after the receipt of this communication	 the matter was referred to the Department of Legal Affairs	 Ministry of Law and Justice for advice	 and the Ministry suggested that the question should be discussed with the Attorney General of India. Since the matter remained under consideration no reply could be sent to the quarry and ultimately it was only in March this year	 that the reply could be sent in the shape of a directive under Article 257(1) of the Constitution to all the Chief Secretaries of the State Governments and Union Territories. The affidavit	 however	 does not furnish any fact or circumstance in justification of the delay. In absence of any reasonable explanation by the respondents we are of 467 the view that if the concerned officers had bestowed the necessary attention to the matter and devoted the time its urgency needed	 we have no doubt that the entire process of consideration of the questions referred would have been completed within a reasonable period without leaving any yawning gap rightly described by the learned Additional Solicitor General as "embarrassing gap". There has	 thus	 been an avoidable delay	 which is considerable in the totality of circumstances in the present case	 for which the condemned prisoner in in no way responsible. As was cautioned by this Court in Smt. Triveniben 's case we are not laying down any rule of general application that the delay of two years will entitle a convict	 sentenced to death	 to conversion of his sentence into one for life imprisonment	 rather we have taken into account the cumulative effect of all the circumstances of the case for considering the prayer of the petitioner. Although the fact that the petitioner has been continuously detained in prison since 1972 was taken into account while rejecting his earlier writ petition	 the same is not rendered completely irrelevant for the purpose of the present case and we have taken it into consideration merely as a circumstance assuming significance as a result of the relevant circumstances arising subsequent to the judgment rendered in October	 1988. Having regard to all the circumstances of the case	 we deem it fit to and accordingly substitute the sentence of imprisonment for life in place of the petitioner 's death sentence. The writ petition is accordingly allowed. In the letter from Alipore Jail a prayer has been made for the release of the petitioner. As was indicated in Triveniben 's case	 the only relief a convict awaiting execution of death sentence can get from this Court on the ground of delay is conversion of the sentence into that of life imprisonment. However	 on conversion of the death sentence to life imprisonment	 the petitioner would now be governed and dealt with as a life convict for all purposes. We are not required to say anything more in this behalf. This prayer made in the letter is rejected. R.P. Petition allowed.

The petitioner was convicted of murder and was sentenced to death by the Sessions Court on 13.12.1978. His appeal to the High Court and Special Leave petition to this Court were dismissed. His mercy petitions to the Government and to the President of India were also rejected. The execution of the sentence remained stayed till it stood vacated on 11.10.1988 on dismissal of a writ petition** under Article 32 of the Constitution filed by his brother for conversion of the death sentence into one of life imprisonment on the ground of delay in its execution. On 18.11.1988 the petitioner again filed a mercy petition before the Governor and his execution was once more stayed	 and since then he was awaiting the final outcome of his petition. meanwhile	 on 24.12.1990	 a prisoner sent a letter praying for release of the petitioner	 which was treated as a writ petition on behalf of the convict under Article 32 of the Constitution. It was contended on behalf of the petitioner that the death sentence awarded to him should be quashed as there had been inexcusable delay in executing the same. On consideration on nature and effect of the delay in execution of the sentence after the petitioner filed mercy petition on 18.11.1988	 in the light of the principles laid down in Triveniben 's case**. Allowing the appeal	 this Court	 HELD: 1. Once a petition for conversion of death sentence into one of life imprisonment is rejected	 the plea raised in the petition so 463 rejected	 cannot be permitted to be raised by repeated petitions. But this does not deprive the convict of his right to renew the prayer on fresh circumstances arising later and	 therefore	 not considered. [465B C] 2. In the instant case	 the petitioner could not succeed on the basis of the delay prior to October	 1988 as it had been considered in the earlier petition which was dismissed; but the fact that the petitioner had been continuously detained in prison since 1972 was not rendered completely irrelevant and should be considered merely as a circumstance assuming significance as a result of the relevant circumstance	 arising subsequent to the judgment rendered in October	 1988. [465E F	 467C D] 3. The initial reason for the further delay has been a fresh mercy petition filed by the petitioner. Althought the stay of the execution was certainly appropriate in the event of not rejecting the prayer at once	 yet the matter should have been disposed of expeditiously and not kept in abeyance as was done. If the concerned officers had bestowed the necessary attention to the matter and devoted the time its urgency needed	 undoubtedly	 the entire process of the consideration of the questions referred would have been completed within a reasonable period without leaving any yawning or "embarrassing gap". There had been an avoidable delay considerable in the totality of circumstances	 for which the petitioner was in no way responsible. [466D E; 467A B] 4. The only relief a convict awaiting execution of death sentence can get from this Court on the ground of delay is conversion of the sentence into that of life imprisonment. [467F] 5. In view of all the circumstances of the case	 the petitioner 's death sentence is substituted by imprisonment for life and he would be governed and dealt with as a life convict for all purposes. [476E	 G] **Smt. Tribeniben vs State of Gujarat	 [1989] 1 S.C.C. 678	 followed.