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september 2014

Supreme Court of India · 2014-09-02

MOHD. ARIF @ ASHFAQ vs THE REG. SUPREME COURT OF INDIA & ORS

Citation / case number
SC 2014/60041
Court
Supreme Court of India
Petitioner
MOHD. ARIF @ ASHFAQ
Respondent
THE REG. SUPREME COURT OF INDIA & ORS
Author
CHIEF ,JAGDISH SINGH KHEHAR CHELAMESWAR,A.K. SIKRI,ROHINTON FALI NARIMAN
Bench
CHIEF JUSTICE,JAGDISH SINGH KHEHAR,J. CHELAMESWAR,A.K. SIKRI,ROHINTON FALI NARIMAN

Judgment text excerpt

The Supreme Court addressed the procedural requirements for hearing review petitions in death penalty cases, emphasizing that while Article 21 of the Constitution allows for deprivation of life, it mandates adherence to due process. The Court held that review petitions filed by convicts whose death sentences have been affirmed must be heard in open court rather than decided by circulation. This ruling clarifies the procedural safeguards necessary in capital punishment cases, reinforcing the importance of transparency and fairness in judicial proceedings.

MOHD. ARIF @ ASHFAQ vs THE REG. SUPREME COURT OF INDIA & ORS · Niyam