Review of Death Penalty XLI

Constitution Bench in Triveniben v. State of Gujarat, (1989) 1 SCC 678 held, while considering delay in execution of Death Sentence, period consumed in judicial process culminating in confirmation of Death Sentence should not be taken into consideration. The question of execution arises only when Death Sentence becomes final.  

An ‘inordinate’ delay in execution of Death Sentence has a dehumanising effect. An ‘inordinate’ delay caused by circumstances beyond prisoners’ control mandates commutation of Death Sentence.

No hard and fast rule can be laid down as regards length of delay which can be said to be ‘inordinate’. It all depends on facts of case. The terms ‘undue’ or ‘inordinate’ cannot be interpreted by applying rules of mathematics. In this case, delay is ‘unexplained’ and ‘inordinate’. Therefore, it is impossible to find fault with view taken by High Court.

– Hon’ble Justice Abhay S. Oka, State of Maharashtra v. Pradeep Yashwant Kokade, [Criminal Appeal No. 2831 of 2023].