PRADEEP YASHWANT KOKADE Vs. UNION OF INDIA

JUDGEMENT

(1.) By these petitions under Article 226 of the Constitution of India the petitioners -convicts pray for declaration that the execution of sentence of death in their respective cases is unconstitutional and bad in law, the directions to commute the same into punishment of imprisonment for life be issued and death warrants be quashed and set aside. There is also challenge to orders passed by Hon'ble the President of India and Hon'ble the Governor of Maharashtra rejecting their mercy petitions.

(2.) Before proceeding further it will be appropriate to briefly mention the grounds of attack. It is submitted that after judgment of Hon'ble Apex Court dated 8/5/2015, there is huge delay of 1507 days i.e. 4 years 1 month and 6 days till 24/6/2019 when death sentence was to be executed. There is no application of mind by Hon'ble the Governor and Hon'ble the President to their respective mercy petitions. After the judgment of Sessions Court dated 20/3/2012 sentencing them to death, they have continued in solitary confinement and they have thus undergone more than 8 years of solitary confinement. This sentence inflicted upon them is in violation of Article 21 of the Constitution of India. Lastly, it is urged that issuance of death warrant ex-parte without any opportunity to them is bad in law and unsustainable.

(3.) Dr. Chaudhary appearing for the petitioners state that the judgment of Sessions Court in Sessions Case No.284/2008 holding them guilty of offence under section 302, 376(ii)(g), 364 and 404 read with 120-B of IPC was upheld by this Court on 25/9/2012 while dismissing Criminal Appeal No.632/2012 filed by both the petitioners in Confirmation Case No.1/2012. On 4/7/2013 Hon'ble Apex Court issued notices confined to sentences in Criminal Appeal No.1439/2013. On 8/5/2015 said Criminal Appeal was dismissed and therefore after 8/5/2015, the sentence of death ought to have been executed within 90 days. Time taken thereafter is unconstitutional.