RISHI MALHOTRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Permission to appear and argue in person is granted.

(2.) The petitioner has preferred this petition under Article 32 of the Constitution of India. The petitioner has called in question the constitutional validity of Section 354(5) of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C"). Section 354(5) reads as follows:-

(3.) It is contended by Mr. Rishi Malhotra that he does not intend to challenge the imposition of death penalty as the same has been put to rest by a Constitution Bench judgment in Bachan Singh v. State of Punjab (1982) 3 SCC 24.