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SC allows Devender Bhullar to file plea to commute death sentence

Supreme Court granted one week time for Bhullar to file his amended application and sought Delhi government's reply within two weeks thereafter.

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The Supreme Court Monday allowed death row convict Devender Pal Singh Bhullar's plea to file an amendment application for reducing his sentence to life term by raising two additional grounds in his support.

Appearing for Bhullar, senior counsel KTS Tulsi said the death sentence was erroneous not only because the execution was delayed for eight years, but was contrary to the recommendations of the Law Commission that death penalty cases should be heard only by a Constitution bench.

Another plea made by Bhullar was that his original death sentence was awarded by a 2:1 split verdict which cannot be relied upon as "there was an element of doubt" among the judges in awarding the capital punishment.

A bench of justices GS Singhvi and HL Dattu granted one week time for Bhullar to file his amended application and sought Delhi government's reply within two weeks thereafter.

Bhullar was sentenced to death by a designated TADA court on August 25, 2001, for his role in the September 10, 1993, blast in Delhi targeting the cavalcade of car carrying then All India Youth Congress president MS Bitta, who escaped with serious injuries, though nine security personnel were killed.

The Supreme Court had earlier dismissed his appeal, review and also the curative petition on March 12, 2003.

On May 23, the apex court had sought Delhi government's response on Bhullar's plea that his death penalty be reduced to life imprisonment as his mercy petition before the President has not been decided for the past eight years. However, on May 26, Pratibha Patil rejected the mercy plea.

In the writ petition before the apex court, his family claimed Bhullar had developed suicidal tendencies and a host of health complications in Tihar jail and pleaded his sentence be reduced to life imprisonment. It cited a 1989 Supreme Court ruling wherein it was held such convicts can seek commutation on ground of delay in executing the punishment.

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