Constitution of India, Art.
136, 137Appeal and reviewDeath sentence -Supreme Court pronounced judgment on 15.05.2015 dismissing appeal under Article 136 confirming the
death penalty and within six days of the dismissal of the criminal appeals, learned Sessions Judge issued the death warrants on 21.05.2015 -This is clearly impermissible and unwarranted for various reasons - First and foremost reason is
that the convicts have not exhausted their judicial and administrative remedies, which are still open tothem even if their appeals in the highest Court have failed affirming the imposition of death
penalty - Those appeals were filed via the route of Article 136 of the Constitution - However, law gives such persons another chance, namely, to seek review of the orders so passed, by means
of filing of review petition - It is to provided under Article 137 of the Constitution - The limitation of 30 days is prescribed for filing such review petitions - We have to emphasize at
this stage that in case of convicts facing death penalty, the remedy of review has been given high procedural sanctity - Review petition in a case of death sentence shall be heard in the open
court by giving an opportunity to the review petitioner to make oral submissions, unlike other review petitions which are decided by the Court by circulation in Chambers - Not only this, such
a review petition is to be heard by a Bench consisting of minimum three Judges . (2016)3 PLRSC 692
Constitution of India, Art. 136 - So far far as the findings of negligence and absence of due care
of the defendant is concerned, we are of the view that such findings being concurrent findings of fact the same ought not to be reopened by us in the appeal filed by the defendant-hospital
under Article 136 of the Constitution - Any such exercise would be wholly inappropriate to the extraordinary and highly discretionary jurisdiction vested in this Court by the constitution.