Triveniben & Ors. v. State of Gujarat (1989)

This case explains when delay after the final Supreme Court judgment can justify changing a death sentence to life imprisonment. The Court focused on delay caused by the Executive in mercy processing, not the time spent in courts. The idea is simple: no undue, unexplained, or careless delay in executing a human being.

1. Does prolonged post-verdict delay make the death sentence inexecutable and invite commutation?
2. What is the starting point to count the delay?
3. Which kinds of delay are relevant and which are ignored?

• Delay is counted after the Supreme Court’s final judgment.
• Time used in trial, appeals, reviews, or fresh Art. 32/226 petitions does not count.
• Relevant delay: Executive handling of mercy petitions and any State-caused holdup.
• The Court looks at whether delay is undue, excessive, and without valid reasons.
• The gravity of the crime is also weighed with the delay claim.

The Supreme Court held that undue and unexplained delay after the final judgment can be a ground to commute a death sentence. The Court will not count time taken in the courts or time consumed by the convicts’ own repeated petitions. What matters is Executive-caused delay in mercy processing, whether the State acted slowly without good reason, and whether the delay is excessive in the facts. The nature of the crime also remains relevant.

• Delay is computed from the date the Supreme Court affirms the sentence.
• Only Executive/mercy petition delay is material; court-time and self-induced delay are excluded.
• Undue, excessive, or unjustified Executive delay may warrant commutation, read with the crime’s gravity.

The ruling sets a clear and humane standard for handling death warrants. It urges the Executive to act promptly, document reasons, and avoid causing avoidable mental trauma by delay.

• Start counting delay from the Supreme Court’s final decision.
• Court-time and convict-driven filings do not help a delay claim.
• Executive delay in mercy matters is the focus.
• Commutation is possible when delay is undue and unexplained.

Mnemonic: FINAL–EXEC–CHECK

• FINAL — Count from the final SC verdict.
• EXEC — Look at Executive/mercy delay only.
• CHECK — Check if delay is undue and if crime gravity alters relief.

3-Step Hook: Fix the start → Filter court-time out → Ask: “Is Executive delay undue, unexplained, and proven?”

Issue: Does prolonged post-verdict delay make the death sentence inexecutable and merit commutation?

Rule: Count delay from the final SC decision; ignore court-time and convict-driven filings; assess Executive/mercy delay, reasons, and crime gravity.

Application: Petitioners showed suffering from waiting; Court examined Executive handling and reasons for any holdup; only undue and unexplained delay weighs toward commutation.

Conclusion: If Executive delay is undue and unjustified, commutation to life imprisonment may be ordered.

Commutation

Changing a punishment to a lesser one (e.g., death to life imprisonment).

Mercy Petition

A plea to the President or Governor seeking clemency or pardon.

Undue Delay

Delay that is excessive and not explained by valid reasons.