NEW DELHI—Hearing a curative plea by Professor Devinder Pal Singh Bhullar, The Supreme Court of India (SCI) has stayed the execution of the Sikh political prisoner. The apex court has asked the Indian and Delhi governments to provide their views on the issue. The court also sought a report on Bhullar’s mental condition from the Institute of Human Behaviour Allied Science (IHBAS) where he is receiving treatment for his mental disorder, brought on by years of torture and confinement.
The curative plea seeking commutation of death sentence to life imprisonment was filed by Bibi Navneet Kaur Bhullar, wife of Prof. Bhullar. The petition was pending since September 2013. The court has said that it will conduct further hearings on the case on February 19.
Prof. Bhullar’s plea for clemency on the basis of the delay in executing capital punishment was rejected by division bench of SCI headed by Justice Singhvi in April 2012. The judgement read that postponement in execution did not form grounds for commutation for those convicted under the Terrorist and Disruptive Activities (Prevention) Act (TADA).
However, in its recent verdict, constitution bench of SCI headed by Chief Justice Sathasivam, rejecting Justice Singhvi’s judgement, has ruled that inordinate and unexplained delay in execution could be grounds for commutation of death sentence to life for all convicts, even for those convicted under TADA.
Recent judgments by the Court also ruled that a delay in deciding the mercy petition by the president and mental illness of the death row convict were commutation grounds.
