A panel comprising of Chief Justice of India DY Chandrachud, Justice Hima Kohli, and Justice PS Narasimha maintained the verdict of guilt. Nevertheless, the death penalty was revoked and modified to 20 years of imprisonment. Sundarrajan was convicted of abduction and murder of a 7-year-old child in 2009. The Supreme Court made the decision on Tuesday to change the death penalty sentence previously imposed on Sundarrajan.
“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 observed.
In addition, the Court directed the initiation of contempt of court proceedings against a police officer from Cuddalore for presenting an affidavit containing incorrect information to the Court. This detail is significant.
“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.
After the Supreme Court upheld the death penalty in 2013, Sundarrajan submitted a review petition in response to the ruling. The Supreme Court surprisingly rejected the review petition on March 20, 2013. However, this decision was reversed in 2018 after the Supreme Court’s ruling in the case of Mohd. Arif @Ashfaq vs. The Supreme Court of India’s Registrar, which mandated that all review petitions related to the death penalty be heard in open court.
