Today, the Supreme Court of India set aside the Death Penalty for Sundarrajan, accused for guilty of kidnapping and murdering a 7-year-old boy in 2009. The Bench of CJI DY Chandrachud and Justices Hima Kohli and PS Narasimha set aside the death penalty and commuted it to 20 years imprisonment.
"Applicant is a convict on death row. Petition to have a re-look at his conviction on the basis of Mohd Arif's Judgment where it was held review must be held in open court. We see no reason in doubting the guilt of the petitioner. Exercising powers under review to interfere with conviction is not warranted. We commute the death sentence to imprisonment of 20 years," the Court ordered.
"Notice to the Police officer Cuddalore as to why action should not be taken in pursuance to the affidavit filed in court. Registry directed to initiate a suo motu contempt case against the officer," the Court directed.
In the said matter, the accused filed a review petition challenging the Supreme court's 2013 verdict which had upheld the death sentence. Interestingly, the Supreme Court had on March 20, 2013, dismissed the petition.
That order was subsequently recalled in 2018 after the Supreme court's judgment in Mohd. Arif @Ashfaq Vs. The Registrar, the Supreme Court of India mandated that all review petitions involving the death penalty should be heard in open court.
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