1981 INSC 0465
                                            Kuljeet Singh Alias Ranga

                                                           Vs

                                         Lt. Governor, Delhi and Another

                                       Writ Petition No. 8193 (A) of 1981

                                                      07.11.1981

                             (CJI Y.V. Chandrachud, A.P. Sen, Baharul Islam JJ)

                                                        ORDER

1. Rule nisi. We direct that the writ petition be placed for final hearing in the second week of
January 1982. The petitioner and the respondents will file their written submissions on or before
January 4, 1982. We stay the execution of the death sentence imposed upon the petitioner Kuljeet
Singh alias Ranga as also on the co-accused Billa. We appoint Shri R. K. Jain as amicus curiae on
behalf of Billa.

2. Since the special leave petition filed by the petitioner and a writ petition filed by him thereafter
against the order of conviction and sentence have already been dismissed by us, it would be
necessary to state briefly by reasons why we are issuing a Rule on the present writ petition.

3. Shri. R. K. Garg, who appears on behalf of the petitioner, contends that the power conferred by
Article 72 of the Constitution on the President of India to grant pardons, reprieves, respites or
remissions of punishment or to suspend, remit or commute the sentence, especially in a case where
the sentence is one of death, is a power coupled with a duty which must be exercised fairly and
reasonably. We do not know whether the Government of India has formulated any uniform standard
or guide-lines by which the exercise of the constitutional power under Article 72 is intended to be or
is in fact governed. Since the question raised by Shri Garg is of far-reaching importance,
particularly from the point of view of persons sentenced to death in respect of whom the President is
specially empowered to exercise his power by clause (c) of Article 72 (1), it is necessary that the
question must be examined with care.

4. As a result of our staying execution of the death sentence imposed upon the aforesaid two
accused, it is likely that similar petitions will be filed by others who are sentenced to death and
whose petitions to the President or the Governor, as the case may be, for commutation of the
sentence have been rejected. In order to obviate the necessary for such persons to approach this
Court, it is necessary to direct that the death sentence imposed upon any person whatsoever whose
petition under Article 72 or Article 161 of the Constitution has been rejected by the President or the
Governor, shall not be executed until the disposal of this writ petition.

5. Notice of this Rule will go to the Attorney-General and the Union of India.

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