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1989 (2) TMI 404 - SUPREME COURT
Whether the death sentence should be vacated?
Held that:- Undue long delay in execution of the sentence of death will entitle the condemned person to approach this Court under Article 32 but this Court will only examine the nature of delay caused and circumstances ensued after sentence was finally confirmed by the judicial process and will have no jurisdiction to re-open the conclusions reached by the Court while finally maintaining the sentence of death. This Court, however, may consider the question of inordinate delay in the light of all circumstances of the case to decide whether the execution of sentence should be carried out or should be altered into imprisonment for life. No fixed period of delay could be held to make the sentence of death inexecutable and to this extent the decision in Vatheeswaran's case [1983 (2) TMI 321 - SUPREME COURT] cannot be said to lay down the correct law and therefore to that extent stands overruled.