The Supreme Court On Tuesday commuted Sundarrajan’s death sentence accused of kidnapping and killing a 7-year-old boy in 2009.
A bench of CJI DY Chandrachud, along with Justices Hima Kohli and PS Narasimha upheld the conviction but set aside the death sentence and commuted it to 20 years in prison.
“Applicant is a convict on death row. Petition to have a re-look at his conviction on the basis of Mohd Arif Judgment where it was held review must be held in open court. We see no reason in doubting the guilt of the petitioner. Exercising powers under review to interfere with conviction is not warranted. We commute the death sentence to imprisonment of 20 years,” the Court directed.
Relevantly, the Court also ordered that legal action be taken against a Cuddalore police officer for filing an incorrect affidavit before the Court.
“Notice to the Police officer Cuddalore as to why action should not be taken in pursuance to the affidavit filed in court. Registry directed to initiate a suo motu contempt case against the officer,” the Court ordered.
The decision was made in response to a review petition submitted by Sundarrajan challenging the top court’s 2013 decision upholding the death penalty.
Interestingly, the Supreme Court dismissed the review petitions on March 20, 2013.
Following the ruling in Mohd Arif @Ashfaq Vs. The State by the Supreme Court in 2018, that order was subsequently revoked. The Supreme Court of India’s Registrar ordered that all review petitions involving the death penalty be heard in open court.
