AJAY KUMAR PAL versus UNION OF INDIA AND ANOTHER

AJAY KUMAR PAL versus UNION OF INDIA AND ANOTHER

Delay of 3 years and 10 months in disposal of Mercy Petition and solitary confinement prior to disposal constitute 'inordinate delay' and violation of Article 21, warranting commutation of death sentence to life imprisonment.

Parties
Petitioner: Ajay Kumar Pal; Respondents: Union of India and Another
Jurisdiction
India
Judgment Date
12 December 2014
Procedural Posture
Writ Petition (criminal) / Final Disposition by Supreme Court
Outcome
Death sentence commuted to life imprisonment; writ petition allowed.
Legal Topics
Death Sentence Commutation, Delay in Mercy Petition, Solitary Confinement, Prisoners' Rights
Constitutional Law Criminal Law Prison Law Death Sentence Commutation Delay in Mercy Petition Solitary Confinement Prisoners' Rights

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Parties

Ajay Kumar Pal

Petitioner

Union of India and Another

Respondents

Procedural Posture

Writ Petition (criminal) / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether inordinate delay in disposal of Mercy Petition warrants commutation of death sentence
  2. 2 Whether solitary confinement prior to disposal of Mercy Petition violates Article 21 of the Constitution

Ratio Decidendi

Delay of 3 years and 10 months in disposal of Mercy Petition and solitary confinement prior to disposal constitute 'inordinate delay' and violation of Article 21, warranting commutation of death sentence to life imprisonment.

Court Disposition

Death sentence commuted to life imprisonment; writ petition allowed.

Orders

  • Death sentence substituted with sentence of life imprisonment.