Supreme Court · 2009 INSC 770 · Decided 8 May 2009
Bani Kanta Das and ANR. v. State of Assam and ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 770 · [2009] 8 S.C.R. 499
- Case number
- WRIT PETITION (CIVIL) No. 457/2005
- Decided
- 8 May 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Writ / Constitutional
- Acts & sections cited
- Constitution Article 32
Headnote
Sentence/Sentencing: Commutation of death sentence A B to life imprisonment by the Governor - No reason indicated C in the order which was passed on recommendation of NHRC - Writ petition under Article 32 challenging order of Governor - Held: NHRC proceedings were not in line with the 1993 Act - That being so, recommendations by NHRC was non est - Moreover said D order did not indicate reasons - Governor's order is set aside - Protection of Human Rights Act, 1993- Constitution of India, 1950 - Article 32. Writ petition under Article 32 of the Constitution of E India was
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