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may 2009

Supreme Court of India · 2009-05-08

BANI KANTA DAS vs STATE OF ASSAM .

Citation / case number
SC 2005/16458
Court
Supreme Court of India
Petitioner
BANI KANTA DAS
Respondent
STATE OF ASSAM .
Author
ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court addressed a petition under Article 32 of the Constitution challenging the Governor of Assam's order commuting the death sentence of Rajnath Chauhan to life imprisonment. The Court emphasized that the commutation lacked sufficient reasoning and questioned the jurisdiction of the National Human Rights Commission (NHRC) in making such recommendations. The Court held that the NHRC exceeded its authority and that the gravity of the crime warranted the original death sentence, thereby reaffirming the need for clear justification in commutation cases.

BANI KANTA DAS vs STATE OF ASSAM . · Niyam