A High Court withdrew a criminal case and pending before one of the Sessions Courts and sentenced the accused to death. What are the remedies available to the convicted persons?

Facts of the Case

1. A criminal case involving a charge of murder (a capital offence) was pending before a Sessions Court.
2. During the pendency of the trial, the High Court exercised its power of withdrawal, taking over the case from the Sessions Court.
3. The High Court conducted the trial itself and, after hearing the case, sentenced the accused to death.
4. The convicted person, feeling that his right to fair trial and appeal has been violated, sought remedies under the Constitution and the Code of Criminal Procedure, 1973 (CrPC).
5. The question arises — whether the High Court was justified in both withdrawing the case and directly imposing the death sentence, and what remedies are available to the convicted person.

Issues in the Case

1. Whether the High Court has the power to withdraw a case from the Sessions Court and try it itself under the Code of Criminal Procedure.
2. Whether the High Court, after trying the case, can impose a sentence of death directly without giving the accused a further right of appeal.
3. What are the constitutional and legal remedies available to the convicted person against such a sentence imposed by the High Court.
4. Whether the convicted person’s right to life and personal liberty under Article 21 has been violated due to the denial of appellate remedies.

Legal Principles Covered

A. Relevant Constitutional Provisions

1. Article 21 – Protection of Life and Personal Liberty
   • No person shall be deprived of his life or personal liberty except according to procedure established by law.
   • A fair, reasonable, and just trial is an essential component of Article 21.
2. Article 134 – Appellate Jurisdiction of Supreme Court in Criminal Matters
   • Provides the right to appeal to the Supreme Court in cases where the High Court has sentenced the accused to death in its original jurisdiction or reversed an acquittal into a conviction.
3. Article 136 – Special Leave to Appeal by the Supreme Court
   • The Supreme Court may, in its discretion, grant Special Leave to Appeal against any judgment, decree, determination, or sentence by any court in India.
4. Article 72 and Article 161 – Pardoning Powers
   • The President (Art. 72) and the Governor (Art. 161) have powers to grant pardon, reprieve, respite, or remission of punishment, or to suspend, remit, or commute a sentence, including a death sentence.

B. Statutory Provisions (Criminal Procedure Code, 1973)

1. Section 407, CrPC – Power of High Court to Transfer Cases and Appeals
   • The High Court may withdraw any case from a subordinate court and try it itself, if it deems fit in the interest of justice.
2. Section 366, CrPC – Sentence of Death to be Confirmed by High Court
   • Even when a Sessions Court awards a death sentence, it must be confirmed by the High Court before execution.
3. Section 374 & 379, CrPC – Appeals in Case of Conviction
   • A person convicted on a trial held by a High Court in its extraordinary or original criminal jurisdiction has a right of appeal to the Supreme Court.

C. Judicial Precedents

1. K.M. Nanavati v. State of Maharashtra (AIR 1962 SC 605)
   • The Supreme Court held that a person convicted and sentenced to death by a High Court is entitled to appeal under Article 134 and may also seek special leave under Article 136.
2. Bachan Singh v. State of Punjab (1980) 2 SCC 684
   • The “rarest of rare” doctrine was established for awarding the death penalty, emphasizing that such punishment must follow a fair, just, and reasonable trial, consistent with Article 21.
3. State of West Bengal v. Anwar Ali Sarkar (1952 SCR 284)
   • The Supreme Court held that unequal or arbitrary procedure in criminal trials violates Article 14 and Article 21.
4. A.R. Antulay v. R.S. Nayak (1988) 2 SCC 602
   • The Court held that a person tried directly by a High Court without proper jurisdiction was denied a fair trial, violating Article 21.
   • The conviction was set aside, and the trial was directed to be conducted by a competent court.

D. Principles Evolved

1. The High Court can withdraw a case under Section 407 CrPC, but when it tries the case itself, the accused must not be deprived of his statutory right of appeal.
2. Direct sentencing by the High Court in such a case may amount to denial of the right to appeal, thus violating Article 21.
3. Remedies such as appeal, special leave, and clemency are constitutionally guaranteed to ensure fairness and justice.

Possible Judgement

1. The High Court has power to withdraw a criminal case from a subordinate court under Section 407 CrPC, but it must ensure that the accused’s right to appeal is not curtailed.
2. By directly trying the case and sentencing the accused to death, the High Court has denied one stage of judicial appeal, which is a violation of the principles of natural justice and Article 21.
3. The convicted person has several remedies available:
   • Appeal to the Supreme Court under Article 134(1)(a) of the Constitution.
   • Special Leave Petition under Article 136.
   • Petition for review or curative petition before the Supreme Court.
   • Application for mercy or pardon under Article 72 (President) or Article 161 (Governor).
4. Following the precedent of A.R. Antulay v. R.S. Nayak, the Supreme Court is likely to hold that the trial and sentence by the High Court were procedurally invalid, as it deprived the accused of his fundamental right to appeal.
5. Therefore, the death sentence should be set aside, and the case should be remanded for retrial by a competent Sessions Court, ensuring full procedural fairness.

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