Devender Pal Singh Bhullar's Case Judgement
FACT IN BRIEF :petitioner was involved in the terrorist activities in Punjab and it is said that he was responsible for an attempt made on the life of then Senior Superintendent of Police,
The petitioner was also suspected to be responsible for an attack on the car cavalcade of the then President of Youth Congress Maninderjit Singh Bitta, in Delhi.After Prosecution The designated Court, Delhi found him guilty and sentenced him to death.
The appeal filed by him was dismissed by the Supreme Court vide judgment titled Devender Pal Singh v. State (NCT of Delhi), (2002) 5 SCC 234. The review petition filed by the petitioner was also dismissed by this Court vide order dated 17.12.2002.
Soon after dismissal of the review petition, the petitioner submitted petition dated 14.1.2003 to the President under Article 72 of the Constitution and prayed for commutation of his sentence.
Article and Section :
He was charged with offences under
Sections 419, 420, 468 and 471 IPC, Section 12 of the Passports Act, 1967
and Sections 2, 3 and 4 TADA..Article 72 of the Constitution of India & Article 161 of the
Constitution of India
Argument advanced :
Councils on behalf of petitioner argued that 8 years’ delay in the disposal of mercy petition should be treated as sufficient for commutation of death sentence into life imprisonment.It was emphasized that 8 years’ delay has seriously affected the petitioner’s health.
Important Case Cited :
1.The constitutionality of capital punishment was examined by the
Constitution Bench in Jagmohan Singh v. State of U.P. (1973) 1 SCC 20.
2.The constitutional validity of Section 302 IPC, which prescribes death
as one of the punishments, was considered by the Constitution Bench in Bachan Singh v. State of Punjab (1980) 2 SCC 684. By a majority of 4:1, the Constitution Bench declared that Section 302 IPC was constitutionally valid.
3.Rajendra Prasad v. State of U.P. (1979) 3
SCC 646,
Question in Issue ?: Whether delay in the execution of the death sentence should be treated by the
President as sufficient for invoking the power vested in him under Article 72 of the
Constitution for grant of pardon.?
Judgement :
Supreme Court dismissed the writ petition and held petitioners have failed to make out a case for invalidation of the exercise of power by the President under Article 72 of the Constitution not to accept the prayer for commutation of the sentence of death into life imprisonment.
Precedent of the Case :
Delay in execution of capital punishment can not be the base for commutation of death sentence into life imprisonment .
Judges :
Hon’ble Mr . J G.S. SINGHVI
Hon’ble Mr . J SUDHANSU JYOTI MUKHOPADHAYA
Advocates :
Shri K.T.S. Tulsi, learned senior counsel for the petitioner
Shri Ram Jethmalani, learned senior counsel, who assisted the Court as an Amicus
Shri Andhyarujina, learned senior counsel, who also assisted the Court as an
Amicus
Shri K.V. Vishwanathan, learned senior counsel, who argued on behalf of the
intervenor,
Shri Harin P. Raval, learned Additional Solicitor General
