Thursday, 22 May 2014

BHULLAR JUDGEMENT –II Navneet Kaur v. State of NCT of Delhi compilation of timeline

BHULLAR JUDGEMENT –II  Navneet Kaur v. State of NCT of Delhi-compilation of timeline
Decided 31.03.2014  by a bench of four Judges

1991 and 1993
two different bomb blasts killed more than nine persons

25.08.2001
Devender Pal Singh Bhullar was sentenced to death by the Designated Judge
22.03.2002
Bhullar preferred an appeal -Criminal Appeal No. 993 of 2001 before this Court this Court dismissal appeal and confirmed death sentence
17.12.2002.
Against the dismissal of the appeal by this Court, the accused preferred Review Petition (Criminal) No. 497 of 2002, which was also dismissed by this Court
14.01.2003
the accused submitted a mercy petition to the President of India Under Article 72 of the Constitution and prayed for commutation of his sentence
12.03.2003
During the pendency of the petition filed Under Article 72, he also filed Curative Petition (Criminal) No. 5 of 2003 which was also dismissed by this Court
30.05.2011
A communication was sent from the Joint Secretary (Judicial) to the Principal Secretary, Home Department, Government of NCT of Delhi, stating that the President of India has rejected the mercy petition submitted on behalf of Devender Pal Singh Bhullar.
13.06.2011
The same was also communicated to the Superintendent, Central Jail No. 3, Tihar Jail, New Delhi
24.06.2011
the wife of the accused (Petitioner herein) preferred a Writ Petition (Criminal) No. 146 of 2011 before this Court praying for quashing the communication dated 13.06.2011.
12.04.2013
this Court, after examining and analyzing the materials brought on record by the Respondents, arrived at the conclusion that there was an unreasonable delay of 8 years in disposal of mercy petition, which is one of the grounds for commutation of death sentence to life imprisonment as per the established judicial precedents. However, this Court dismissed the writ petition on the ground that when the accused is convicted under TADA, there is no question of showing any sympathy or considering supervening circumstances for commutation of death sentence.
13.08.2013
Curative Petition against Review petition (criminal ) no 435 of 2013, Writ Petition (Criminal) No. 146 of 2011 she prayed for setting aside the death sentence imposed upon Devender Pal Singh Bhullar
21.01.2014
Shatrughan Chauhan v. Union of India MANU/SC/0043/2014  : 2014 (1) SCALE 437,
05.02.2014
Examination by Standing Medical Board, Institute of Human Behaviour and Allied Sciences
08.02.2014
Letter by Institute of Human Behaviour and Allied Sciences,
12.02.2014
Letter/ report of Institute of Human Behaviour and Allied Sciences received by the Registry

Bhullar suffering from acute mental illness
31.03.2014
Supreme Court of India commutes the death sentence imposed on Devender Pal Singh Bhullar into life imprisonment
Ratio decidendi
i.       unexplained/inordinate delay of 8 years in disposal of mercy petition and
ii.      insanity

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