Supreme Court of India
State of Maharashtra & Ors. v. Pradeep Yashwant Kokade & Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We hold that:- (i) Undue, unexplained and inordinate delay in execution of the sentence of death will entitle the convict to approach this Court under Article.
Judgment, page 37
From the headnote
Issue for Consideration Effect of delay in executing the death sentence. Headnotes† Sentence – Death sentence – Inordinate, unexplained delay in execution of – Delay in processing, disposal of mercy petitions and issue of warrant of execution of the death sentence – High Court commuted the death sentence of the convicts to thirty-five years of imprisonment holding that there was an undue and avoidable delay in executing the death sentence – Challenge to: Held: Impugned judgment upheld – An inordinate and unexplained delay caused by circumstances beyond the prisoners’ control mandates the
Authorities it was built on
- 1997 Vishaka and Ors. v. State of Rajasthan and Ors.
- 1989 Smt. Triveniben & -ors. v. State of Gujarat & Ors.
- 1983 T. V. Vatheeswaran v. State of Tamil Nadu
- 2014 Shatrughan Chauhan & Anr. v. Union of India & Ors.
- 1984 Javed Ahmed Abdul Hamid Pawala v. State of Maharashtra
- 1983 Sher Singh & Others v. The State of Punjab
- 2014 Ajay Kumar Pal v. Union of India and Another
- 2015 Shabnam v. Union of India & Ors
- 2020 Vinay Sharma v. Union of India and Others
- 2020 Mukesh Kumar v. Union of India and Others
- 2022 B. A. Umesh v. Union of India & Ors.
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