The Supreme Court on September 24 announced that it will hear a modification application filed by the Union seeking changes to the 2014 Shatrughan Chauhan judgment to make it more victim-centric.
The Union had filed this application in 2020, in the context of the execution of death warrants for the four convicts in the 2012 Delhi gangrape-murder case. The execution was carried out only in 2020, after the Supreme Court rejected the convicts’ final plea in a special midnight sitting.
In the 2014 judgment, a three-judge bench laid down guidelines to safeguard the rights of death row convicts. It held that long delays in the disposal of mercy petitions could justify commuting the death penalty to life imprisonment. The judgment also prescribed a 14-day period between the intimation of mercy petition rejection and the final execution, allowing the convict to seek remedies and mentally prepare for execution.
During today’s hearing before a bench of Justice Vikram Nath, Justice Sandeep Mehta, and Justice N.V. Anjaria, Additional Solicitor General K.M. Nataraj stated that the Union wants the guidelines amended to prevent continuous filing of mercy, review, and curative petitions, particularly on the ground of inordinate delays.
ASG Nataraj noted that the Court had previously decided to await the 2024 judgment in State of Maharashtra v. Pradeep Yashwant Kokade, where all States and Union Territories were directed to establish dedicated cells for prompt processing of mercy petitions within the timelines set by the respective governments.
ASG Nataraj emphasized that the Shatrughan Chauhan judgment has broad implications, arguing that without clarification, mercy petitions could continue indefinitely, prolonging the process and causing suffering to victims.
When asked by Justice Mehta whether the Union seeks to impose outer time limits for mercy petition decisions, ASG Nataraj clarified that the government is seeking timelines for certain aspects, but not for the entire mercy petition process. He said:
“Today, it may not be decided. I will come out with some proposal.”
Key Modifications Proposed by the Union
The Union’s application seeks:
1. Curative petition timelines – Death row convicts may file a curative petition only after dismissal of a review petition and within the time specified by the Court.
2. Mercy petition timeline – The mercy petition must be filed within 7 days of issuance of the death warrant.
3. Execution timeline – Execution of the death warrant must occur within 7 days of mercy petition rejection, irrespective of pending legal remedies filed by co-convicts.
The Union highlighted that delays due to co-convicts’ legal remedies can prolong executions, causing mental trauma to convicts and emotional suffering to victims and their families. It also emphasized the collective conscience of the nation and the deterrent purpose of capital punishment.
Previously, the Centre’s review and curative petitions against the Shatrughan Chauhan judgment were dismissed in 2014 and 2017, respectively.
The Court has scheduled the matter for hearing on October 8, noting that no adjournments will be granted.
Case Details: SHATRUGHAN CHAUKHAN vs. UNION OF INDIA, MA 265/2020 in W.P.(Crl.) No. 55/2013
