DAYA SINGH versus UNION OF INDIA AND ORS

DAYA SINGH versus UNION OF INDIA AND ORS

Avoidable delay, particularly after the filing of a fresh mercy petition and ongoing detention, for which the petitioner is not responsible, warrants conversion of the death sentence to life imprisonment. Once a petition for conversion of death sentence is rejected, the same plea may not be raised by repeated petitions unless fresh circumstances arise.

Parties
Petitioner: Daya Singh; Respondent: Union of India; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
24 April 1991
Procedural Posture
Writ Petition (crl.) No. 133 of 1991 / Original Jurisdiction, Final Judgment
Outcome
Petition allowed; death sentence substituted by imprisonment for life.
Legal Topics
Death Sentence, Delay in Execution, Article 32, Mercy Petition, Life Imprisonment
Constitutional Law Criminal Law Death Sentence Delay in Execution Article 32 Mercy Petition Life Imprisonment

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Parties

Daya Singh

Petitioner

Union of India

Respondent

State of Haryana

Respondent

Procedural Posture

Writ Petition (crl.) No. 133 of 1991 / Original Jurisdiction, Final Judgment

Legal Issues

  1. 1 Whether inordinate delay in execution of the death sentence entitles the convict to conversion of the sentence to life imprisonment under Article 32 of the Constitution.
  2. 2 Whether repeated petitions for conversion of death sentence can be entertained on grounds already considered.

Ratio Decidendi

Avoidable delay, particularly after the filing of a fresh mercy petition and ongoing detention, for which the petitioner is not responsible, warrants conversion of the death sentence to life imprisonment. Once a petition for conversion of death sentence is rejected, the same plea may not be raised by repeated petitions unless fresh circumstances arise.

Court Disposition

Petition allowed; death sentence substituted by imprisonment for life.

Orders

  • Death sentence substituted by imprisonment for life.
  • Petitioner to be governed and dealt with as a life convict for all purposes.