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Landmark SC verdict on death sentence

By The Assam Tribune

NEW DELHI, Jan 21 � In a landmark verdict that can come as a relief to many death row convicts, the Supreme Court today held that death sentence of a condemned prisoner can be commuted to life imprisonment on the ground of delay on the part of the government in deciding the mercy plea, reports PTI.

Giving life term to 15 death row inmates, including four aides of forest brigand Veerappan, the apex court also ruled that a death convict suffering from mental insanity and schizophrenia cannot be hanged.

It overruled its own verdict in Khalistani terrorist Devinderpal Singh Bhullar�s case in which it had held that delay in deciding mercy plea cannot be a ground for commutation of death sentence. Death sentence in such cases can be commuted to life imprisonment on the ground of their mental illness, it said.

Today�s judgement may have implications in various cases, including the petitions filed by three death row convicts in the Rajiv Gandhi assassination case, who have challenged the President�s rejection of their mercy plea less than three years ago.

Framing guidelines on disposal of mercy petitions and execution of death sentence, a bench headed by Chief Justice P Sathasivam ruled that convicts given death sentence must be informed about the rejection of their mercy pleas and should be given a chance to meet their families before they are executed.

It also held that solitary confinement of a prisoner, including death row convict, is unconstitutional and it should not be allowed in the prisons.

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