Shatrughan Chauhan v. Union of India, (2014) 3 SCC 1 quoted in Ajay Kumar Pal v. Union of India, (2015) 2 SCC 478 had laid down, undue long delay in execution of Death Sentence would entitle prayer of commutation of Death Sentence to Life Imprisonment. First and foremost, time taken cannot be called or termed as ‘inordinate delay’ and secondly, it was not as if every passing day was adding to agony. A G. Perarivalan v. State, 2022 SCC Online SC 635 stands on a completely different footing as against instant matter.
But, incarceration in Solitary Confinement and segregation from 2006 to 2013 was without sanction of law and completely opposed to principles laid down in Sunil Batra v. Delhi Administration, (1978) 4 SCC 494.
B.A. Umesh is entitled to have Death Sentence imposed upon him to be commuted to Life Imprisonment; 30 Years – No Remission.
– Hon’ble Chief Justice of India, Hon’ble Justice U.U. Lalit, B.A. Umesh v. Union of India, [Criminal Appeal No. 1892 of 2022].