Browsing: Article 21

The Calcutta High Court commuted the death sentences of two men convicted of raping and murdering a five-year-old girl to life imprisonment without remission for 60 years. While confirming their guilt, the Court applied the “rarest of rare” doctrine and found mitigating factors like socio-economic background and post-custody conduct. Citing constitutional principles and Article 21, the Court held that life imprisonment is the rule, death the exception. By imposing a fixed non-remittable term, it balanced retribution with human rights, ensuring severe punishment while avoiding capital execution—a “third way” between life and death sentences.

The Supreme Court has placed a limited stay on the Bombay High Court’s 7/11 Mumbai train blasts acquittal judgment, stating it cannot be used as a precedent in other cases. A bench of Justices M.M. Sundresh and N. Kotiswar Singh balanced the acquitted individuals’ liberty with the State’s concerns about the ruling’s wider impact on MCOCA trials. While the acquittals remain, the Court will hear Maharashtra’s appeal later. The High Court had earlier acquitted all 11 accused, citing investigative lapses and unreliable evidence. The Supreme Court’s move quarantines the ruling’s legal effect without reversing the acquittals.

The Supreme Court has raised “serious doubts” over the Election Commission’s decision to conduct a ‘special intensive revision’ of Bihar’s electoral rolls just months before the 2025 Assembly elections. A bench questioned the timing, legal basis, and impact on voters, warning that eligible citizens could be disenfranchised without time to appeal. The Court also asked why Aadhaar is excluded as valid ID, suggesting it should be allowed. It sought clarity on the legal authority for such a revision, as only ‘summary’ and ‘intensive’ revisions are recognized. The case will shape future electoral roll practices in India.