Shatrughan Chauhan v. Union of India

Facts

• Multiple death row convicts filed petitions challenging delay in disposal of their mercy petitions.
• Delays ranged from 3 to 12 years after exhaustion of judicial remedies.
• Convicts argued prolonged mental suffering on death row violates Art. 21.
• Union argued mercy power is executive prerogative with no time limit.

Issue

1. Whether unexplained inordinate delay in disposing mercy petitions constitutes ground for commutation of death sentence.

Held

• Inordinate delay in disposal of mercy petition is a supervening circumstance warranting commutation.
• Death row prisoners retain Art. 21 rights; prolonged mental agony amounts to cruel and unusual treatment.
• The State must explain any delay; unexplained delay entitles commutation.
• Delay must be assessed from the date of filing mercy petition to the date of its disposal.
• Commuted 15 death sentences to life imprisonment due to delays ranging from 3 to 12 years.

Ratio Decidendi

The right to life under Art. 21 extends to death row prisoners. While awaiting execution, prolonged uncertainty inflicts mental torture equivalent to a second punishment beyond what the law prescribed. The State cannot hold the power of life and death indefinitely without accountability. BNSS S.472 responds legislatively by prescribing 30-day (Governor) and 60-day (President) timelines.