HARBANS SINGH versus STATE OF U.P. & OTHERS

HARBANS SINGH versus STATE OF U.P. & OTHERS

It would be unjust to confirm the death sentence imposed upon the petitioner when a co-accused's sentence for the identical offence and involvement had been commuted to life imprisonment; propriety requires referring the matter to the President for exercise of powers under Article 72.

Parties
Petitioner: Harbans Singh; Respondent: State of U.P. & Others
Jurisdiction
India
Judgment Date
12 February 1982
Procedural Posture
Writ Petition (criminal) / Original Jurisdiction
Outcome
Petition allowed; execution of the death sentence stayed.
Legal Topics
Death Penalty, Commutation of Sentence, Article 72, Administration of Justice, Judicial Review, Mercy Petition
Criminal Law Constitutional Law Death Penalty Commutation of Sentence Article 72 Administration of Justice Judicial Review Mercy Petition

Case Brief

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Parties

Harbans Singh

Petitioner

State of U.P. & Others

Respondent

Procedural Posture

Writ Petition (criminal) / Original Jurisdiction

Legal Issues

  1. 1 Whether it is just to confirm the death sentence of the petitioner when a co-accused's death sentence was commuted for the same offence and involvement.
  2. 2 Whether the Supreme Court should interfere after all remedies and mercy petition have been rejected.

Ratio Decidendi

It would be unjust to confirm the death sentence imposed upon the petitioner when a co-accused's sentence for the identical offence and involvement had been commuted to life imprisonment; propriety requires referring the matter to the President for exercise of powers under Article 72.

Court Disposition

Petition allowed; execution of the death sentence stayed.

Orders

  • Matter recommended and referred to the President of India for commutation under Article 72 of the Constitution.
  • Jail Superintendent must ascertain before any execution whether the sentence imposed on any co-accused has been commuted. If so, superior authorities must notify the Court concerned.