Constitution of India-Art. 21-Prisoner sentenced to death-Detention awaiting execution-Detention exceeding two years violative of guarantee of fair procedure under Art. 21.
The appellant was sentenced to death in January, 1975 on a charge of committing wicked and diabolic murders and since then he was in solitary confinement. Before conviction, he had been a 'prisoner under remand' for two years.
The appellant's contention was that to take away his life after keeping him in jail for ten years, eight of which in illegal solitary confinement, would be violative of Art. 21.
Allowing the appeal and converting the sentence of death to one of imprisonment for life,