This Article is From Sep 02, 2014

Supreme Court's New Rules for Reviewing Its Decisions on Death Row Prisoners

Supreme Court's New Rules for Reviewing Its Decisions on Death Row Prisoners
New Delhi: In a landmark judgement, the Supreme Court today said it would review its own decisions on death row prisoners in an open court, calling it a "fundamental right."

Review petitions, or petitions that ask the Supreme Court to review its own decision to reject a death row prisoner's appeal, are currently taken up in the chambers of judges.

A Constitution bench of the country's five senior most judges headed by Chief Justice RM Lodha said if a petition has been rejected and the death sentence has not been carried out, the convict can seek an open court hearing by three judges and will get half an hour to address the court.

Convicts will not have this option if their last legal recourse against execution, or a curative petition, has been rejected.

The Centre had argued that "oral hearing of review petitions" in open court amounts to reopening the cases.

Today's ruling is based on petitions by several death row convicts including Yakub Memon, who was sentenced to death in the 1993 Mumbai serial blasts case.

Another petitioner is Mohammed Arif, who was sentenced to death for his role in the 2000 Red Fort attack in which three people, including two army jawans, were killed.
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