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Supreme Court of India 2021-12-09 allowed

Jasbir Singh @ Jassa Etc vs State of Punjab & Others

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

The appellants, convicted of kidnapping and murder under IPC sections 302, 364A, 201, and 120-B, challenged their death sentences through a writ petition alleging undue delay in disposal of mercy petitions. The High Court's Single Judge dismissed the petition; the Division Bench rejected their Letters Patent Appeal as unmaintainable. The Supreme Court held that Letters Patent Appeals are maintainable against such Single Judge orders because writ petitions based on mercy petition delays are independent proceedings distinct from the original criminal determination, not involving reopening the case on merits. The Court set aside the Division Bench's order and remitted the matter for fresh consideration within three months.

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Criminal Procedure Death Penalty Mercy Petitions Supervening Circumstances Appeals and Revision Constitutional Law

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