In Brief
The appellants, sentenced to death for offences under the Indian Penal Code, challenged a High Court Division Bench order dismissing their Letters Patent Appeals against a Single Judge's dismissal of a writ petition based on unexplained delay in disposal of mercy petitions. The Supreme Court held that writ petitions founded on such delay constitute independent proceedings distinct from the original criminal case and do not reopen it on merits. Therefore, Letters Patent Appeals against Single Judge orders in such matters are maintainable. The Court allowed the appeals, set aside the Division Bench's view, and remitted the matter for fresh consideration, observing that unexplained delay in execution may violate Article 21 and constitute a ground for commutation.
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