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SHABNAM vs. UNION OF INDIA & ORS

SCR Citation: [2015] 8 S.C.R. 289
Year/Volume: 2015/ Volume 8
Date of Judgment: 27 May 2015
Petitioner: SHABNAM
Disposal Nature: Petition Allowed
Neutral Citation: 2015 INSC 435
Judgment Delivered by: Hon'ble Mr. Justice Arjan Kumar Sikri
Respondent: UNION OF INDIA & ORS
Case Type: WRIT PETITION(CRIMINAL) /88/2015
Order/Judgment: Judgment
1. Headnote

.Sentence/Sentencing:Murder case - Death sentence - Conviction andsentence upheld by Supreme Court- Within a week deathwarrants issued by Sessions Judge - Writ petition challengingsame - Held: Death warrant was signed by the SessionsJudge in haste without exhaustion of remedies available tothe convicts - This is impermissible and unwarranted.Death sentence - Procedure to be followed beforeexecution of death sentence - Essential safeguards ~Sufficient notice to be given to convict before. issuance of death warrant- Warrant must specify exact date and time forexecution - Reasonable period of time must elapse betweenthe date of order on the execution warrant and date fixed -Copy of execution warrant to be immediately supplied to the convict - Where a convict is not in a position to avail legalassistance, legal aid must be provided.Rights of convicts who are imposed death penalty- Held:Convicts have judicial and administrative remedies - Rightto file review petition is a valuable right given to the convicts who are imposed death penalty- Convict also has a right tofile mercy petitions to the Governor of the State as well as thePresident of India - Such right cannot be .snatched byexecuting the death sentence before even giving suchconvicts a chance or opportunity to avail the same - For thispurpose, the State has to wait for reasonable period evenafter such convicts fail in the review petition if they so file -Constitution of India, 1950-Article 21..

2. Case referred
3. Act
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4. Keyword
  • Murder case - Death sentence - Conviction and sentence upheld by Supreme Court- Within a week death warrants issued by Sessions Judge - Writ petition challenging sameDeath sentence - Procedure to be followed before execution of death sentence - Essential safeguards ~ Sufficient notice to be given to convict before. issuance of E death warrant- Warrant must specify exact date and time for execution - Reasonable period of time must elapse between the date of order on the execution warrant and date f
5. Equivalent citation
    Citation(s) 2015 AIR 3648 = 2015 (6) SCC 702 = 2015 (6) Suppl. SCC 702 = 2015 (7) SCALE 1