1982 (2) TMI 321 - SC - Indian Laws

Summary

Issues Involved:
1. Execution of Death Sentence
2. Commutation of Sentence
3. Judicial Discretion and Administration of Justice
4. Presidential Clemency

Summary:

1. Execution of Death Sentence:
The petitioner, Harbans Singh, along with three others, was involved in the murder of four individuals. The Additional Sessions Judge, Pilibhit, sentenced them to death on May 1, 1975, which was affirmed by the High Court of Allahabad on October 20, 1975. Special Leave Petitions (SLPs) were filed by the co-accused, with varying outcomes: Jeeta Singh's SLP was dismissed, leading to his execution, while Kashmira Singh's death sentence was commuted to life imprisonment. Harbans Singh's SLP and Review Petition were dismissed, and his mercy petition to the President was also rejected.

2. Commutation of Sentence:
The Supreme Court noted that the petitioner and his co-accused were sentenced to death by a common judgment, with no distinction in their involvement in the crime. Since Kashmira Singh's death sentence was commuted, it would be unjust to execute Harbans Singh. The Court recommended that the President of India exercise his power u/s Article 72 of the Constitution to commute the petitioner's death sentence to life imprisonment.

3. Judicial Discretion and Administration of Justice:
The Court highlighted the inconsistency in the outcomes for the co-accused, emphasizing that it would be a violation of the norms governing the administration of justice to execute Harbans Singh while his co-accused received commutation. The Court directed that prior to the execution of any death sentence, the Jail Superintendent must ascertain if any co-accused's sentence has been commuted and inform the superior authorities to take prompt action.

4. Presidential Clemency:
The Court acknowledged that the President had already rejected the petitioner's mercy petition but recommended reconsideration in light of new facts that were not available earlier. The Court emphasized the importance of comity between judicial powers and the President's powers, suggesting that the President may commute the death sentence based on the Court's recommendation.

Order:
The execution of the death sentence was stayed until the President's decision, and a copy of the judgment was to be forwarded to the President. Justice Amarendra Nath Sen concurred with the Chief Justice's order but made additional observations on the inherent powers of the Court to prevent manifest injustice and the necessity of referring the matter back to the President for reconsideration.