In Brief
The Supreme Court upheld the High Court's commutation of a death sentence to 35 years' imprisonment based on inordinate delay in execution spanning nearly four years. Two convicts were sentenced to death in 2012 for rape, murder and related offences. After judicial confirmation in 2015, mercy petitions filed in 2015–2016 took nearly two years to be disposed of; execution warrants were issued only in April 2019 despite mercy rejection in May 2017. The Court held that undue, unexplained delay post-confirmation violates Article 21. No fixed delay period exists; courts assess cumulative effect on the convict. The judgment establishes mandatory procedures for Sessions Courts and guidelines for State Governments to promptly process mercy petitions and issue warrants within reasonable timeframes.
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