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february 1989

Supreme Court of India · 1989-02-07

SMT. TRIVENIBEN & ORS. vs STATE OF GUJARAT & ORS.

Citation / case number
SC 1985/66925
Court
Supreme Court of India
Petitioner
SMT. TRIVENIBEN & ORS.
Respondent
STATE OF GUJARAT & ORS.
Author
OZA, G.L. ,DUTT, M.M. ,SINGH, K.N. ,SHETTY, K. ,SHARMA, L.M.
Bench
OZA, G.L. ,DUTT, M.M. ,SINGH, K.N. ,SHETTY, K.J. ,SHARMA, L.M.

Judgment text excerpt

The Supreme Court addressed the issue of prolonged delay in the execution of death sentences, emphasizing that such delays could amount to mental torture under Article 21 and necessitate procedural fairness. The Court referred to conflicting precedents, including T.V. Vaitheeswaran v. State of Tamil Nadu and Sher Singh v. State of Punjab, and held that while delay could be a ground for commutation, it must be assessed in the context of the nature of the offence and the conduct of the prisoner. Ultimately, the Court dismissed the writ petitions seeking commutation of death sentences, affirming the constitutionality of the death penalty under Sections 302 IPC and related provisions.

SMT. TRIVENIBEN & ORS. vs STATE OF GUJARAT & ORS. · Niyam