JAVED AHMED ABDUL HAMID PAWALA vs STATE OF MAHARASHTRA

The Supreme Court held that Article 21 of the Constitution can be invoked by a person awaiting execution of a death sentence if there is a delay exceeding two years in its execution, allowing for commutation to life imprisonment. The Court emphasized that the delay in execution should be considered sufficient to demand the quashing of the death sentence, referencing the case of T. V. Vatheeswaran v. State of Tamil Nadu. The Court also noted that a Division Bench of three judges cannot overrule a decision made by a Division Bench of two judges, thereby upholding the principles of justice and fair play.