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Supreme Court of India 2023-05-03 disposed

BALWANT SINGH vs UNION OF INDIA & ORS

Bench: 3 — B.R. Gavai, Vikram Nath, Sanjay Karol

In Brief

Balwant Singh, sentenced to death for his role in the 1995 assassination of Punjab's Chief Minister, sought commutation of his death sentence claiming inordinate delay of over 10 years in deciding his mercy petition. The Supreme Court held that: (1) the petition was filed by a third party (SGPC), not the prisoner himself; (2) active consideration began only after a 2019 Ministry directive; (3) pending co-accused appeals do not justify deferral; and (4) the executive's decision to defer the petition on national security grounds is within its exclusive domain and not reviewable by courts. The petition was disposed of, with the Court directing the executive to reconsider the matter in due course if deemed necessary.

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Constitutional Law Mercy Petition Death Penalty Executive Prerogative National Security Articles 72 and 161 Judicial Review Separation of Powers

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