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Peoples' Union Democratic Rights ... vs Union Of India Thru' Secy. & 3 Others on 28 January, 2015
cites
Article 161 in Constitution of India [Constitution]
Article 72 in Constitution of India [Constitution]
Article 32 in Constitution of India [Constitution]
Section 413 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 414 in The Code of Criminal Procedure, 1973 [Entire Act]
Article 3 in Constitution of India [Constitution]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 364 in The Indian Penal Code, 1860 [Entire Act]
Bachan Singh Etc. Etc vs State Of Punjab Etc. Etc on 16 August, 1982
"...we are of the view that only delay which could not have been avoided even if the matter was proceeded with a sense of urgency or was caused in essential preparations for execution of sentence may be the relevant factors under such petitions in Article 32. Considerations such as the gravity of the crime, extraordinary cruelty involved therein or some horrible consequences for society caused by the offence are not relevant after the Constitution Bench ruled in Bachan Singh v. State of Punjab45 that the sentence of death can only be imposed in the rarest of rare cases. Meaning, of course, all death sentences imposed are impliedly the most heinous and barbaric and rarest of its kind. The legal effect of the extraordinary depravity of the offence exhausts itself when court sentences the person to death for that offence. Law does not prescribe an additional period of imprisonment in addition to the sentence of death for any such exceptional depravity involved in the offence."