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Delay

i. T.V Vatheeswaran v. State of Tamil Nadu, (1983) 2 SCC 68

Type: Criminal Appeal No. 75 of 1983
Coram: O. Chinnappa Reddy, R.B Mishra, JJ.
Author: O. Chinnappa Reddy, J.
Decided on: February 16, 1983

Full text available here
Facts: The appellant was given the death sentence as he was the main accused for conspiring and murdering several persons by impersonating a customs officer, abducting them under the guise of interrogation to rob and murder them. He was kept in solitary confinement for eight years and the appeal was that it the delay in execution violated Art. 21.
Judgment: Art 21- Procedure established under law includes carrying out of sentence imposed. Prolonged delay in execution- irrespective of cause- has a dehumanizing effect which violates Art 21 by unjustly depriving a person of his life and liberty. Allowing for the time to complete appellate procedures, delay beyond two year entitles quashing of death sentence.
NOTE- Overruled in Triveniben v State of Gujrat (1989) 1 SCC 678. Clarified as being only partly overruled only on the two year rule in Shatrughan Chauhan v Union of India (2014) 3 SCC 1; affirmed on all other propositions in Ajay Kumar Pal v Union of India (2015) 2 SCC 478.

ii. Triveniben v. State of Gujrat and Ors. (1989) 1 SCC 678

Type: Writ Petition [(Criminal) No. 1566 of 1985]
Coram: G.L. Oza, K. Jagannatha Shetty, K.N. Singh,
L.M. Sharma and M.M. Dutt, JJ.
Author: G.L. Oza and K. Jagannatha Shetty, JJ.
Decided on: February 7, 1989

Full text available here
Facts: The appellant was given the death sentence as he was the main accused for conspiring and murdering several persons by impersonating a customs officer, abducting them under the guise of interrogation to rob and murder them. He was kept in solitary confinement for eight years and the appeal was that it the delay in execution violated Art. 21.
Judgment: Art 21- Procedure established under law includes carrying out of sentence imposed. Prolonged delay in execution- irrespective of cause- has a dehumanizing effect which violates Art 21 by unjustly depriving a person of his life and liberty. Allowing for the time to complete appellate procedures, delay beyond two year entitles quashing of death sentence.


Life Imprisonment

i. T.V Vatheeswaran v. State of Tamil Nadu, (1983) 2 SCC 68

Type: Criminal Appeal No. 75 of 1983
Coram: O. Chinnappa Reddy, R.B Mishra, JJ.
Author: O. Chinnappa Reddy, J.
Decided on: February 16, 1983

Full text available here
Facts: The appellant was given the death sentence as he was the main accused for conspiring and murdering several persons by impersonating a customs officer, abducting them under the guise of interrogation to rob and murder them. He was kept in solitary confinement for eight years and the appeal was that it the delay in execution violated Art. 21.
Judgment: Art 21- Procedure established under law includes carrying out of sentence imposed. Prolonged delay in execution- irrespective of cause- has a dehumanizing effect which violates Art 21 by unjustly depriving a person of his life and liberty. Allowing for the time to complete appellate procedures, delay beyond two year entitles quashing of death sentence.
NOTE- Overruled in Triveniben v State of Gujrat (1989) 1 SCC 678. Clarified as being only partly overruled only on the two year rule in Shatrughan Chauhan v Union of India (2014) 3 SCC 1; affirmed on all other propositions in Ajay Kumar Pal v Union of India (2015) 2 SCC 478.

ii. Triveniben v. State of Gujrat and Ors. (1989) 1 SCC 678

Type: Writ Petition [(Criminal) No. 1566 of 1985]
Coram: G.L. Oza, K. Jagannatha Shetty, K.N. Singh,
L.M. Sharma and M.M. Dutt, JJ.
Author: G.L. Oza and K. Jagannatha Shetty, JJ.
Decided on: February 7, 1989

Full text available here
Facts: The appellant was given the death sentence as he was the main accused for conspiring and murdering several persons by impersonating a customs officer, abducting them under the guise of interrogation to rob and murder them. He was kept in solitary confinement for eight years and the appeal was that it the delay in execution violated Art. 21.
Judgment: Art 21- Procedure established under law includes carrying out of sentence imposed. Prolonged delay in execution- irrespective of cause- has a dehumanizing effect which violates Art 21 by unjustly depriving a person of his life and liberty. Allowing for the time to complete appellate procedures, delay beyond two year entitles quashing of death sentence.


Nature of President's Power Under Article 72

i. T.V Vatheeswaran v. State of Tamil Nadu, (1983) 2 SCC 68

Type: Criminal Appeal No. 75 of 1983
Coram: O. Chinnappa Reddy, R.B Mishra, JJ.
Author: O. Chinnappa Reddy, J.
Decided on: February 16, 1983

Full text available here
Facts: The appellant was given the death sentence as he was the main accused for conspiring and murdering several persons by impersonating a customs officer, abducting them under the guise of interrogation to rob and murder them. He was kept in solitary confinement for eight years and the appeal was that it the delay in execution violated Art. 21.
Judgment: Art 21- Procedure established under law includes carrying out of sentence imposed. Prolonged delay in execution- irrespective of cause- has a dehumanizing effect which violates Art 21 by unjustly depriving a person of his life and liberty. Allowing for the time to complete appellate procedures, delay beyond two year entitles quashing of death sentence.
NOTE- Overruled in Triveniben v State of Gujrat (1989) 1 SCC 678. Clarified as being only partly overruled only on the two year rule in Shatrughan Chauhan v Union of India (2014) 3 SCC 1; affirmed on all other propositions in Ajay Kumar Pal v Union of India (2015) 2 SCC 478.

ii. Triveniben v. State of Gujrat and Ors. (1989) 1 SCC 678

Type: Writ Petition [(Criminal) No. 1566 of 1985]
Coram: G.L. Oza, K. Jagannatha Shetty, K.N. Singh,
L.M. Sharma and M.M. Dutt, JJ.
Author: G.L. Oza and K. Jagannatha Shetty, JJ.
Decided on: February 7, 1989

Full text available here
Facts: The appellant was given the death sentence as he was the main accused for conspiring and murdering several persons by impersonating a customs officer, abducting them under the guise of interrogation to rob and murder them. He was kept in solitary confinement for eight years and the appeal was that it the delay in execution violated Art. 21.
Judgment: Art 21- Procedure established under law includes carrying out of sentence imposed. Prolonged delay in execution- irrespective of cause- has a dehumanizing effect which violates Art 21 by unjustly depriving a person of his life and liberty. Allowing for the time to complete appellate procedures, delay beyond two year entitles quashing of death sentence.


Constitutionality

i. T.V Vatheeswaran v. State of Tamil Nadu, (1983) 2 SCC 68

Type: Criminal Appeal No. 75 of 1983
Coram: O. Chinnappa Reddy, R.B Mishra, JJ.
Author: O. Chinnappa Reddy, J.
Decided on: February 16, 1983

Full text available here
Facts: The appellant was given the death sentence as he was the main accused for conspiring and murdering several persons by impersonating a customs officer, abducting them under the guise of interrogation to rob and murder them. He was kept in solitary confinement for eight years and the appeal was that it the delay in execution violated Art. 21.
Judgment: Art 21- Procedure established under law includes carrying out of sentence imposed. Prolonged delay in execution- irrespective of cause- has a dehumanizing effect which violates Art 21 by unjustly depriving a person of his life and liberty. Allowing for the time to complete appellate procedures, delay beyond two year entitles quashing of death sentence.
NOTE- Overruled in Triveniben v State of Gujrat (1989) 1 SCC 678. Clarified as being only partly overruled only on the two year rule in Shatrughan Chauhan v Union of India (2014) 3 SCC 1; affirmed on all other propositions in Ajay Kumar Pal v Union of India (2015) 2 SCC 478.

ii. Triveniben v. State of Gujrat and Ors. (1989) 1 SCC 678

Type: Writ Petition [(Criminal) No. 1566 of 1985]
Coram: G.L. Oza, K. Jagannatha Shetty, K.N. Singh,
L.M. Sharma and M.M. Dutt, JJ.
Author: G.L. Oza and K. Jagannatha Shetty, JJ.
Decided on: February 7, 1989

Full text available here
Facts: The appellant was given the death sentence as he was the main accused for conspiring and murdering several persons by impersonating a customs officer, abducting them under the guise of interrogation to rob and murder them. He was kept in solitary confinement for eight years and the appeal was that it the delay in execution violated Art. 21.
Judgment: Art 21- Procedure established under law includes carrying out of sentence imposed. Prolonged delay in execution- irrespective of cause- has a dehumanizing effect which violates Art 21 by unjustly depriving a person of his life and liberty. Allowing for the time to complete appellate procedures, delay beyond two year entitles quashing of death sentence.


Review Petitions

i. T.V Vatheeswaran v. State of Tamil Nadu, (1983) 2 SCC 68

Type: Criminal Appeal No. 75 of 1983
Coram: O. Chinnappa Reddy, R.B Mishra, JJ.
Author: O. Chinnappa Reddy, J.
Decided on: February 16, 1983

Full text available here
Facts: The appellant was given the death sentence as he was the main accused for conspiring and murdering several persons by impersonating a customs officer, abducting them under the guise of interrogation to rob and murder them. He was kept in solitary confinement for eight years and the appeal was that it the delay in execution violated Art. 21.
Judgment: Art 21- Procedure established under law includes carrying out of sentence imposed. Prolonged delay in execution- irrespective of cause- has a dehumanizing effect which violates Art 21 by unjustly depriving a person of his life and liberty. Allowing for the time to complete appellate procedures, delay beyond two year entitles quashing of death sentence.
NOTE- Overruled in Triveniben v State of Gujrat (1989) 1 SCC 678. Clarified as being only partly overruled only on the two year rule in Shatrughan Chauhan v Union of India (2014) 3 SCC 1; affirmed on all other propositions in Ajay Kumar Pal v Union of India (2015) 2 SCC 478.

ii. Triveniben v. State of Gujrat and Ors. (1989) 1 SCC 678

Type: Writ Petition [(Criminal) No. 1566 of 1985]
Coram: G.L. Oza, K. Jagannatha Shetty, K.N. Singh,
L.M. Sharma and M.M. Dutt, JJ.
Author: G.L. Oza and K. Jagannatha Shetty, JJ.
Decided on: February 7, 1989

Full text available here
Facts: The appellant was given the death sentence as he was the main accused for conspiring and murdering several persons by impersonating a customs officer, abducting them under the guise of interrogation to rob and murder them. He was kept in solitary confinement for eight years and the appeal was that it the delay in execution violated Art. 21.
Judgment: Art 21- Procedure established under law includes carrying out of sentence imposed. Prolonged delay in execution- irrespective of cause- has a dehumanizing effect which violates Art 21 by unjustly depriving a person of his life and liberty. Allowing for the time to complete appellate procedures, delay beyond two year entitles quashing of death sentence.


Unconstitutionality
of s. 303 IPC

i. T.V Vatheeswaran v. State of Tamil Nadu, (1983) 2 SCC 68

Type: Criminal Appeal No. 75 of 1983
Coram: O. Chinnappa Reddy, R.B Mishra, JJ.
Author: O. Chinnappa Reddy, J.
Decided on: February 16, 1983

Full text available here
Facts: The appellant was given the death sentence as he was the main accused for conspiring and murdering several persons by impersonating a customs officer, abducting them under the guise of interrogation to rob and murder them. He was kept in solitary confinement for eight years and the appeal was that it the delay in execution violated Art. 21.
Judgment: Art 21- Procedure established under law includes carrying out of sentence imposed. Prolonged delay in execution- irrespective of cause- has a dehumanizing effect which violates Art 21 by unjustly depriving a person of his life and liberty. Allowing for the time to complete appellate procedures, delay beyond two year entitles quashing of death sentence.
NOTE- Overruled in Triveniben v State of Gujrat (1989) 1 SCC 678. Clarified as being only partly overruled only on the two year rule in Shatrughan Chauhan v Union of India (2014) 3 SCC 1; affirmed on all other propositions in Ajay Kumar Pal v Union of India (2015) 2 SCC 478.

ii. Triveniben v. State of Gujrat and Ors. (1989) 1 SCC 678

Type: Writ Petition [(Criminal) No. 1566 of 1985]
Coram: G.L. Oza, K. Jagannatha Shetty, K.N. Singh,
L.M. Sharma and M.M. Dutt, JJ.
Author: G.L. Oza and K. Jagannatha Shetty, JJ.
Decided on: February 7, 1989

Full text available here
Facts: The appellant was given the death sentence as he was the main accused for conspiring and murdering several persons by impersonating a customs officer, abducting them under the guise of interrogation to rob and murder them. He was kept in solitary confinement for eight years and the appeal was that it the delay in execution violated Art. 21.
Judgment: Art 21- Procedure established under law includes carrying out of sentence imposed. Prolonged delay in execution- irrespective of cause- has a dehumanizing effect which violates Art 21 by unjustly depriving a person of his life and liberty. Allowing for the time to complete appellate procedures, delay beyond two year entitles quashing of death sentence.


Mode of Execution

i. T.V Vatheeswaran v. State of Tamil Nadu, (1983) 2 SCC 68

Type: Criminal Appeal No. 75 of 1983
Coram: O. Chinnappa Reddy, R.B Mishra, JJ.
Author: O. Chinnappa Reddy, J.
Decided on: February 16, 1983

Full text available here
Facts: The appellant was given the death sentence as he was the main accused for conspiring and murdering several persons by impersonating a customs officer, abducting them under the guise of interrogation to rob and murder them. He was kept in solitary confinement for eight years and the appeal was that it the delay in execution violated Art. 21.
Judgment: Art 21- Procedure established under law includes carrying out of sentence imposed. Prolonged delay in execution- irrespective of cause- has a dehumanizing effect which violates Art 21 by unjustly depriving a person of his life and liberty. Allowing for the time to complete appellate procedures, delay beyond two year entitles quashing of death sentence.
NOTE- Overruled in Triveniben v State of Gujrat (1989) 1 SCC 678. Clarified as being only partly overruled only on the two year rule in Shatrughan Chauhan v Union of India (2014) 3 SCC 1; affirmed on all other propositions in Ajay Kumar Pal v Union of India (2015) 2 SCC 478.

ii. Triveniben v. State of Gujrat and Ors. (1989) 1 SCC 678

Type: Writ Petition [(Criminal) No. 1566 of 1985]
Coram: G.L. Oza, K. Jagannatha Shetty, K.N. Singh,
L.M. Sharma and M.M. Dutt, JJ.
Author: G.L. Oza and K. Jagannatha Shetty, JJ.
Decided on: February 7, 1989

Full text available here
Facts: The appellant was given the death sentence as he was the main accused for conspiring and murdering several persons by impersonating a customs officer, abducting them under the guise of interrogation to rob and murder them. He was kept in solitary confinement for eight years and the appeal was that it the delay in execution violated Art. 21.
Judgment: Art 21- Procedure established under law includes carrying out of sentence imposed. Prolonged delay in execution- irrespective of cause- has a dehumanizing effect which violates Art 21 by unjustly depriving a person of his life and liberty. Allowing for the time to complete appellate procedures, delay beyond two year entitles quashing of death sentence.


Post Mercy Safeguards

i. T.V Vatheeswaran v. State of Tamil Nadu, (1983) 2 SCC 68

Type: Criminal Appeal No. 75 of 1983
Coram: O. Chinnappa Reddy, R.B Mishra, JJ.
Author: O. Chinnappa Reddy, J.
Decided on: February 16, 1983

Full text available here
Facts: The appellant was given the death sentence as he was the main accused for conspiring and murdering several persons by impersonating a customs officer, abducting them under the guise of interrogation to rob and murder them. He was kept in solitary confinement for eight years and the appeal was that it the delay in execution violated Art. 21.
Judgment: Art 21- Procedure established under law includes carrying out of sentence imposed. Prolonged delay in execution- irrespective of cause- has a dehumanizing effect which violates Art 21 by unjustly depriving a person of his life and liberty. Allowing for the time to complete appellate procedures, delay beyond two year entitles quashing of death sentence.
NOTE- Overruled in Triveniben v State of Gujrat (1989) 1 SCC 678. Clarified as being only partly overruled only on the two year rule in Shatrughan Chauhan v Union of India (2014) 3 SCC 1; affirmed on all other propositions in Ajay Kumar Pal v Union of India (2015) 2 SCC 478.

ii. Triveniben v. State of Gujrat and Ors. (1989) 1 SCC 678

Type: Writ Petition [(Criminal) No. 1566 of 1985]
Coram: G.L. Oza, K. Jagannatha Shetty, K.N. Singh,
L.M. Sharma and M.M. Dutt, JJ.
Author: G.L. Oza and K. Jagannatha Shetty, JJ.
Decided on: February 7, 1989

Full text available here
Facts: The appellant was given the death sentence as he was the main accused for conspiring and murdering several persons by impersonating a customs officer, abducting them under the guise of interrogation to rob and murder them. He was kept in solitary confinement for eight years and the appeal was that it the delay in execution violated Art. 21.
Judgment: Art 21- Procedure established under law includes carrying out of sentence imposed. Prolonged delay in execution- irrespective of cause- has a dehumanizing effect which violates Art 21 by unjustly depriving a person of his life and liberty. Allowing for the time to complete appellate procedures, delay beyond two year entitles quashing of death sentence.


The Rarest of
Rare Doctrine

i. T.V Vatheeswaran v. State of Tamil Nadu, (1983) 2 SCC 68

Type: Criminal Appeal No. 75 of 1983
Coram: O. Chinnappa Reddy, R.B Mishra, JJ.
Author: O. Chinnappa Reddy, J.
Decided on: February 16, 1983

Full text available here
Facts: The appellant was given the death sentence as he was the main accused for conspiring and murdering several persons by impersonating a customs officer, abducting them under the guise of interrogation to rob and murder them. He was kept in solitary confinement for eight years and the appeal was that it the delay in execution violated Art. 21.
Judgment: Art 21- Procedure established under law includes carrying out of sentence imposed. Prolonged delay in execution- irrespective of cause- has a dehumanizing effect which violates Art 21 by unjustly depriving a person of his life and liberty. Allowing for the time to complete appellate procedures, delay beyond two year entitles quashing of death sentence.
NOTE- Overruled in Triveniben v State of Gujrat (1989) 1 SCC 678. Clarified as being only partly overruled only on the two year rule in Shatrughan Chauhan v Union of India (2014) 3 SCC 1; affirmed on all other propositions in Ajay Kumar Pal v Union of India (2015) 2 SCC 478.

ii. Triveniben v. State of Gujrat and Ors. (1989) 1 SCC 678

Type: Writ Petition [(Criminal) No. 1566 of 1985]
Coram: G.L. Oza, K. Jagannatha Shetty, K.N. Singh,
L.M. Sharma and M.M. Dutt, JJ.
Author: G.L. Oza and K. Jagannatha Shetty, JJ.
Decided on: February 7, 1989

Full text available here
Facts: The appellant was given the death sentence as he was the main accused for conspiring and murdering several persons by impersonating a customs officer, abducting them under the guise of interrogation to rob and murder them. He was kept in solitary confinement for eight years and the appeal was that it the delay in execution violated Art. 21.
Judgment: Art 21- Procedure established under law includes carrying out of sentence imposed. Prolonged delay in execution- irrespective of cause- has a dehumanizing effect which violates Art 21 by unjustly depriving a person of his life and liberty. Allowing for the time to complete appellate procedures, delay beyond two year entitles quashing of death sentence.