Appellants' rights under Article 21 violated due to illegal solitary confinement and prolonged delay in deciding mercy petitions
In a landmark decision, the Punjab and Haryana High Court has commuted the death sentences of Vikram Singh @ Vicky Walia and others to life imprisonment, highlighting violations of their rights under Article 21 of the Constitution of India. The appellants, who were convicted for the gruesome kidnapping and murder of a 16-year-old boy for ransom, had their death sentences commuted to life imprisonment for the remainder of their natural lives. They will not be entitled to any commutation or premature release under any statute or rules.
The Division Bench comprising Justices Ashwani Kumar Mishra and Rohit Kapoor found that the appellants were subjected to illegal solitary confinement from December 2006 to 2009, prior to the exhaustion of judicial remedies, in direct violation of the Supreme Court's directives in the case of Sunil Batra v. Delhi Administration. Furthermore, the court noted an unreasonable and unexplained delay of over four years in the processing of mercy petitions by the state, attributing this delay primarily to the state authorities.
The court emphasized that the rights to life and dignity under Article 21 of the Constitution extend to individuals even after conviction, and any breach of these rights could be grounds for commuting a death sentence. The judgment takes into account the cumulative effect of illegal solitary confinement, procedural irregularities, and the prolonged delay in deciding the mercy petitions, recognizing them as supervening factors that infringe on the appellants' fundamental rights.
The court dismissed the notion that the gravity of the crime should influence post-conviction mercy proceedings, reiterating that the focus should be on the rights and dignity of the individuals awaiting execution. This decision sets a significant precedent in upholding human rights and the principles of justice within the Indian legal system.
Bottom Line:
Death sentence - Commutation to life imprisonment - Grounds of illegal solitary confinement, unexplained delay in deciding mercy petitions, and infringement of rights under Article 21 of the Constitution of India cumulatively considered - Death sentence commuted to life imprisonment for the remainder of natural lives without entitlement to commutation or premature release under any statute or rules.
Statutory provision(s): Article 21 of the Constitution of India, Section 364A of the Indian Penal Code, Articles 72 and 161 of the Constitution of India, Section 30 of the Prisons Act, 1894, Bhartiya Nyaya Sanhita, 2023 (Sections 11 and 12).
