SC To Hear Review Petitions In A Death Sentence Case Afresh; Recalls 2012 Order [Read Order]

The Supreme Court has recalled a 2012 order by which it had dismissed review petition against a judgment confirming death penalty.

The bench comprising Justice Kurian Joseph, Justice AM Khanwilkar and Justice DY Chandrachud passed this order while considering the convict’s request for shifting him from Nagpur Central Jail to Aurangabad. It directed the authority to consider his request within four weeks.

The bench then ordered: “Having heard the learned counsel for the parties, we are of the view that the review petitions regarding the sentence needs to be considered afresh. Therefore, the order dated 26.07.2012 passed in Review Petition No….D19901/2012, dismissing the review petition is recalled and the applications for re-opening of review petitions are, accordingly, disposed of.”

The bench posted these review petitions for hearing afresh during the second week of January 2019.

In another case, the same bench had posted for an open court hearing a review petition filed by a murder convict whose death penalty was affirmed by the court in 2013.

Background

Sudam @ Rahul Kaniram Jadhav was held guilty of committing the murder of four children and a woman with whom he was living as husband and wife and sentenced to death. His appeals were dismissed by the high court.

The Supreme Court confirmed the death sentence in July 2011, observing that he is a menace to the society who cannot be reformed. “Lesser punishment in our opinion shall be fraught with danger as it may expose the society to peril once again at the hands of the appellant,” the bench of Justice Chandramauli Kr Prasad and Justice Harjit Singh Bedi had said.