“It is submitted that in the present case, the issue raised was that of commutation of the death sentence to life imprisonment on the ground of delay, which allegedly attracted Article 21 (right to life) in favour of the convicts.
“Therefore, it involved a substantial issue of interpretation of the Constitution and ought to have been heard by a bench of five Judges, as mandated under Article 145 of the Constitution,” it had said.
The bench did not accept the submission of the Centre referring to an earlier apex court order in which it was said that nature of crime be considered while commuting death sentence of a convict.
The government had said previous verdict observed that there is a “distinction” between TADA and other offences.
“Thus, there is an error apparent on the face of the record and the impugned judgement merits a review,” it had said.
