‘The Delhi High Court on January 30th, said the trial court judgement in the Indra Gandhi assassination case, Satwant Singh, Mr. Keber Singh, Mr. Balbir Singh’s sentence to death was not in conformity with section354 (5) P.C. as it failed to certify that convict shall be hanged buy the neck till they were dead. The Division Bench Comprising of Mr. R.N. Agarwal and Mr, Justice Malik Sharifued also said that it was actually correct that the special Judge, Mr. Justice M. Chandra had not stated that sentence to death was subject to confirmation by the High Court. The judges were giving either observations on a joint writ petition moved by Mr. Kehr Singh, Mr. Balbir Singh over the award of Capital Punishment, under section 120 B read under section 302 1 P.C, for conspiring to kill Mrs, Gandhi challenging the legality
and validity of the death sentence and also their solitary confinement. The judges were in view that though important question would arise because the omission by the trial judge, they would not like to express their final opinion on the contention of the convictions. All the sentences can be gone into detail and appropriate action at the time of the hearing of the appeal or references can come up at the time of confirmation of the death sentences. Mr. Justice Agarwal and Mr, Justice Sharif ud din observed. Justices described as misplaced the apprehension of Mr. T.V. Grever, council of Mr. Kehr Singh and Balbir Singh that in the absence of an orde of the confirmation of the sentence the authorities might choose to execute the order of the trial judge without the High Court putting the seal on it.
Article extracted from this publication >> February 7, 1986
