SHER SINGH & OTHERS versus THE STATE OF PUNJAB

SHER SINGH & OTHERS versus THE STATE OF PUNJAB

No absolute rule that delay exceeding two years in execution of a sentence of death entitles a person to demand commutation; several factors must be considered, including attribution of the delay, nature of the offence, and impact on society. The two-year formula laid down in T.V. Vatheeswaran v. State of Tamil Nadu is overruled.

Parties
Petitioner: Sher Singh; Petitioner: Surjit Singh; Petitioner: Kuldip Singh; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
24 March 1983
Procedural Posture
Writ Petition / Original Jurisdiction
Outcome
Interim: The death sentence is not vacated merely due to delay; final decision to be made after hearing further arguments from petitioners on why, apart from delay, it would be unjust and unfair to execute the sentence at present.
Legal Topics
Article 21, Delay in Execution of Death Sentence, Commutation of Death Sentence, Fair Procedure
Constitutional Law Criminal Law Article 21 Delay in Execution of Death Sentence Commutation of Death Sentence Fair Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 18 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Sher Singh

Petitioner

Surjit Singh

Petitioner

Kuldip Singh

Petitioner

State of Punjab

Respondent

Procedural Posture

Writ Petition / Original Jurisdiction

Legal Issues

  1. 1 Whether prolonged delay in execution of a death sentence entitles a prisoner to commutation under Article 21
  2. 2 Whether a fixed period of delay (two years) automatically requires quashing of the death sentence

Ratio Decidendi

No absolute rule that delay exceeding two years in execution of a sentence of death entitles a person to demand commutation; several factors must be considered, including attribution of the delay, nature of the offence, and impact on society. The two-year formula laid down in T.V. Vatheeswaran v. State of Tamil Nadu is overruled.

Court Disposition

Interim: The death sentence is not vacated merely due to delay; final decision to be made after hearing further arguments from petitioners on why, apart from delay, it would be unjust and unfair to execute the sentence at present.

Orders

  • Government of Punjab must explain cause of delay in execution of sentence.
  • Notice issued to Government of Punjab.