Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Murder case - Death sentence - Conviction and sentence upheld by Supreme Court- Within a week death warrants issued by Sessions Judge - Writ petition challenging sameDeath sentence - Procedure to be followed before execution of death sentence - Essential safeguards ~ Sufficient notice to be given to convict before. issuance of E death warrant- Warrant must specify exact date and time for execution - Reasonable period of time must elapse between the date of order on the execution warrant and date f |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | .Sentence/Sentencing:Murder case - Death sentence - Conviction andsentence upheld by Supreme Court- Within a week deathwarrants issued by Sessions Judge - Writ petition challengingsame - Held: Death warrant was signed by the SessionsJudge in haste without exhaustion of remedies available tothe convicts - This is impermissible and unwarranted.Death sentence - Procedure to be followed beforeexecution of death sentence - Essential safeguards ~Sufficient notice to be given to convict before. issuance of death warrant- Warrant must specify exact date and time forexecution - Reasonable period of time must elapse betweenthe date of order on the execution warrant and date fixed -Copy of execution warrant to be immediately supplied to the convict - Where a convict is not in a position to avail legalassistance, legal aid must be provided.Rights of convicts who are imposed death penalty- Held:Convicts have judicial and administrative remedies - Rightto file review petition is a valuable right given to the convicts who are imposed death penalty- Convict also has a right tofile mercy petitions to the Governor of the State as well as thePresident of India - Such right cannot be .snatched byexecuting the death sentence before even giving suchconvicts a chance or opportunity to avail the same - For thispurpose, the State has to wait for reasonable period evenafter such convicts fail in the review petition if they so file -Constitution of India, 1950-Article 21.. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2015 INSC 435 |
Petitioner | Shabnam |
Respondent | Union Of India & Ors |
SCR | [2015] 8 S.C.R. 289 |
Judgement Date | 2015-05-27 |
Case Number | 88 |
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