484
Malayan Law Journal
[2017] 1 MLJ
…
A
…
[78] The above materials, particularly, the directions of the United National
International Conventions, of which India is a party, clearly show that insanity/mental
illness/schizophrenia is a crucial supervening circumstance, which should be considered
by this Court in deciding whether in the facts and circumstances of the case death
sentence could be commuted to life imprisonment. To put it clear, ‘insanity’ is a relevant
supervening factor for consideration by this Court.
…
B
C
[37] The decision in Shatrughan Chauhan was followed in Navneet Kaur’s.
Further in Triveniben & Ors it was noted:
Since it is well established that Article 21 of the Constitution does not end with the
pronouncement of sentence but extends to the stage of execution of that sentence,
as already asserted, prolonged delay in execution of sentence has a dehumanising
effect on the accused.
D
Also in Sher Singh v State of Punjab 1983 AIR 465 the Supreme Court of India
through Chandrachud CJ held:
E
The horizons of Art 21 are ever widening and the final word on its conspectus shall
never have been said. So long as life lasts, so long shall it be the duty and endeavour
of this Court to give to the provisions of our Constitution a meaning which will
prevent human suffering and degradation. Therefore, Art 21 is as much relevant at
the stage execution of the death sentence as it is in the interregnum between the
imposition of that sentence and its execution. The essence of the matter is that all
procedure, no matter at what the stage, must be fair, just and reasonable.
F
[38] Counsel for the appellant had referred to us a number of authorities of
similar purport from various jurisdictions but the above observations of the
apex court of India in cases where a convicted person was in somewhat similarly
circumstanced situation as the appellant is presently, most definitely
demonstrate that the contentions of and relief sought by the appellant in the
suit were not outright bare and/or frivolous and/or devoid of any arguable
jurisprudential basis. It might well be that some of those cases referred may be
distinguishable on the facts or on account of the applicable law or procedure
involved, or even that the international conventions or customary law cited
found not to be relevant for our consideration in the suit, but the appellant
ought to, in our view, be allowed to fully ventilate and have those issues
judicially determined. As commented in Bandar Builder, ‘… so long as the
pleadings disclose some cause of action or raise some questions fit to be decided by the
Judge, the mere fact that the case is weak and not likely to succeed at the trial is no
ground for the pleadings to be struck out …’.
G
H
I
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