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may 2009

Supreme Court of India · 2009-05-08

Bani Kanta Das & Anr vs State Of Assam & Ors

Court
Supreme Court of India
Petitioner
Bani Kanta Das & Anr
Respondent
State Of Assam & Ors
Author
Arijit Pasayat
Bench
Asok Kumar Ganguly, Arijit Pasayat

Judgment text excerpt

The Supreme Court addressed a petition under Article 32 challenging the Governor of Assam's order commuting the death sentence of Rajnath Chauhan to life imprisonment, which was previously upheld by the Court. The petitioners argued that the commutation lacked justification and was improperly influenced by the NHRC's recommendations. The Court emphasized the need for the Governor to provide reasons for such commutation, particularly given the heinous nature of the crime involving the massacre of a family. The Court ultimately held that the NHRC exceeded its jurisdiction in this matter, necessitating further examination of the procedural aspects involved.

Bani Kanta Das & Anr vs State Of Assam & Ors · Niyam