TRIVENIBEN HARBHAJAN SINGH LAL SINGH INDIAN COUNCIL OF FAMILY AND SOCIAL WELFARE GURCHARAN SINGH AND PRITAM SINGH Vs. STATE OF GUJARAT:STATE OF JAMMU AND KASHMIR:UNION OF INDIA:STATE OF TAMIL NADU:STATE OF PUNJAB

JUDGEMENT

(1.) In view of the conflicting decisions in (i) T. V. Vatheeswaran v. State of Tamil Nadu, (1983) 2 SCR 348; (ii) Sher Singh v. State of Punjab (1983) 2 SCR 582 and (iii) Javed Ahmed Abdul Hamid Pawala v. State of Maharashtra, (1985) 2 SCR 9 question as to whether prolonged delay in execution of death sentence entitles the accused to the lesser sentence of life imprisonment has come up for consideration before the Constitution Bench. We have examined the question carefully in the light of the submissions made by counsel on both sides. We have also examined the individual cases listed for consideration. We now give only our conclusion to avoid further delay in these matters. The reasons in support of the conclusion will follow later.

(2.) We are of the opinion that:

(3.) In the light of these principles and giving our anxious consideration to every one of these cases, we allow in part only W. P. (Cri) No. 186 of 1986 and quash the sentence of death awarded to the accused (Harbhajan Singh). In the place of the sentence of death, we substitute the sentence of imprisonment for life to that accused.