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KHUSHWINDER SINGH v. THE STATE OF PUNJAB

Supreme Court of India | Diary 10029/2019

Status

ROP - of Main Case

Decided On

24-09-2025

Bench

HON'BLE MR. JUSTICE VIKRAM NATH, HON'BLE MR. JUSTICE SANDEEP MEHTA and HON'BLE MR. JUSTICE N.V. ANJARIA

Petitioner

KHUSHWINDER SINGH

Respondent

THE STATE OF PUNJAB

Primary Holding

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Full Judgment Text

ITEM NO.103 COURT NO.3 SECTION II-B [ DEATH CASE ] S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS REVIEW PETITION(CRL.) NO. 226-227/2019 IN CRL.A. NO. 1433-1434/2014 KHUSHWINDER SINGH Petitioner(s) VERSUS THE STATE OF PUNJAB Respondent(s) WITH Crl.A. No. 1623-1624/2019 (II-B) Date : 24-09-2025 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE N.V. ANJARIA For Petitioner(s) :Ms. Anjana Prakash, Sr. Adv. (NP) Ms. Niharika Srivastava, Adv. Ms. Madhunika Varadarajan, Adv. Mr. Mahfooz Ahsan Nazki, AOR Mr. Anuj Prakash, Adv. For Respondent(s) :Mr. Brijender Chahar, A.S.G. (NP) Mr. Mukesh Kumar Maroria, AOR Ms. Agrima Singh, Adv. Mr. Shantnu Sharma, Adv. Mr. Merusagar Samantray, Adv. Mr. Sharath Nambiar, Adv. Mr. Rajat Bhardwaj, A.A.G. Mr. Karan Sharma, AOR UPON hearing the counsel the Court made the following O R D E R Learned counsel for the petitioner/appellant wants four weeks’ time to obtain further instructions in the matter. As prayed, list after four weeks. (NEETU KHAJURIA) ASST.REGISTRAR-CUM-PS (RANJANA SHAILEY) ASSISTANT REGISTRAR

ITEM NO.105(MM) COURT NO.5 SECTION II-B [ DEATH CASE ] S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS R.P.(Crl.) No. 226-227/2019 in Crl.A. No. 1433-1434/2014 KHUSHWINDER SINGH Petitioner(s) VERSUS THE STATE OF PUNJAB Respondent(s) WITH Crl.A. No. 1623-1624/2019 (II-B) Date : 08-05-2025 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE SANDEEP MEHTA For Petitioner(s) :Ms. Anjana Prakash, Sr. Adv. (Not Present) Mr. Aathma Sudhir Kumar, Adv. Mr. Mahfooz Ahsan Nazki, AOR Mr. Anuj Prakash, Adv. Mr. Amit Kinkhede, Adv. Ms. Mamta Sharma, Adv. Mr. Meeran Maqbool, Adv. Mr. Vivek Rajan D.B., Adv. For Respondent(s) :Mr. Brijender Chahar, A.S.G. Mr. Mukesh Kumar Maroria, AOR Ms. Agrima Singh, Adv. Mr. Shantnu Sharma, Adv. Mr. Rajat Bhardwaj, A.A.G. Mr. Karan Sharma, AOR UPON hearing the counsel the Court made the following O R D E R On the request made on behalf of the petitioner/appellant, list these matters in August, 2025. (NEETU KHAJURIA) ASTT. REGISTRAR-CUM-PS (RANJANA SHAILEY) ASSISTANT REGISTRAR

ITEM NO.8 COURT NO.5 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS R.P.(Crl.) No. 226-227/2019 in Crl.A. No. 1433-1434/2014 [Arising out of impugned final judgment and order dated 05-03-2019 in Crl.A. No. No. 1433/2014 05-03-2019 in Crl.A. No. No. 1434/2014 passed by the Supreme Court of India] KHUSHWINDER SINGH Petitioner(s) VERSUS THE STATE OF PUNJAB Respondent(s) [ TO GO BEFORE THREE HON'BLE JUDGES ] [ DEATH CASE ] WITH Crl.A. No. 1623-1624/2019 (II-B) [ TO GO BEFORE THREE HON'BLE JUDGES ] [ DEATH CASE ] Date : 26-03-2025 This petition was circulated today. CORAM : HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE SANDEEP MEHTA For Petitioner(s) : Ms. Anjana Prakash, Sr. Adv.(Not Present) Mr. Mahfooz Ahsan Nazki, AOR Mr. Anuj Prakash, Adv. Mr. Aathma Sudhir Kumar, Adv. Mr. Amit Kinkhede, Adv. Ms. Shreya Rastogi, Adv. Ms. Shreya Rastogi, Adv. For Respondent(s) : Mr. Rajat Bhardwaj, A.A.G. Mr. Karan Sharma, AOR Mr. Brijender Chahar, A.S.G. Mr. Mukesh Kumar Maroria, AOR Mr. Merusagar Samantary, Adv. Ms. Agrima Singh, Adv. Mr. Sharath Nambiar, Adv. Mr. Shantnu Sharma, Adv. 1

UPON hearing the counsel the Court made the following O R D E R On the request made on behalf of the learned senior counsel for petitioner, list the matters after six weeks on 8 th May, 2025. (SONIA BHASIN) ASSISTANT REGISTRAR-CUM-PS (RANJANA SHAILEY) ASSISTANT REGISTRAR 2

ITEM NO.103 COURT NO.3 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS R.P.(Crl.) No. 226-227/2019 in Crl.A. No. 1433-1434/2014 KHUSHWINDER SINGH Petitioner(s) VERSUS THE STATE OF PUNJAB Respondent(s) ([TO GO BEFORE THREE HON'BLE JUDGES] [DEATH CASE]) AND CRL.A. NOS.1623-1624 OF 2019 (II-B) Date : 05-09-2024 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA HON'BLE MR. JUSTICE K.V. VISWANATHAN For Petitioner(s) Mr. Aathma Sudhir Kumar, Adv. Ms. Sakshi Jain, Adv. Mr. Meeran Maqbool, Adv. For Mr. Mahfooz Ahsan Nazki, AOR Ms. Sakshi Jain, Adv. Mr. Aathma Sudhir Kumar, Adv. For Mr. Mahfooz Ahsan Nazki, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 1. Issue notice. 2. These proceedings arise from the judgment and order dated 05.03.2019 of this Court in Criminal Appeal Nos.1433-1434 of 2014. This Court, vide impugned judgment and order, upheld the conviction and confirmed the death sentence awarded to the accused-petitioner by the High Court and the Trial Court. 3. The execution of the death sentence shall remain stayed pending the hearing and final disposal of the present petitions. 4. The original record of the case shall be summoned from the 1

Trial Court and the High Court. A copy of the translated records shall be supplied to the counsel for the parties. 5. In view of the orders passed by this Court in matters involving capital punishment, we issue following directions: i. The respondent-State shall place before this Court the report(s) of all the Probation Officers relating to the appellant within a period of eight (8) weeks. ii. The Superintendent of Prison, Central Jail, Patiala, Punjab, shall submit a report with regard to the nature of work which has been performed by the petitioner while in jail and a report with regard to the conduct and behaviour of the petitioner while in jail, within a period of eight (8) weeks. iii. The Head of Post Graduate Institute of Medical Education and Research, Chandigarh shall constitute a suitable team for the purpose of carrying out a psychological evaluation of the petitioner. The report of the evaluation shall be submitted to this Court through the Standing Counsel for the State of Punjab within a period of eight (8) weeks. iv. Ms. Komal is permitted to have access to the petitioner who is presently lodged in Central Jail, Patiala, Punjab to conduct multiple in-person interviews for the purpose of collecting information relevant to sentencing and to submit a Mitigation Investigation Report on behalf of the petitioner through the petitioner’s Advocate-on-Record within twenty weeks. v. The Central Jail, Patiala, Punjab shall ensure that, for the sake of confidentiality, these interviews are conducted in a separate interviewing space without any prison official or police staff being within earshot distance, and audio recorders be permitted to be used to record the interviews. 2

vi. A person nominated by Ms. Komal be permitted to accompany her to translate during the interview. vii. Ms. Komal is granted permission to obtain documents pertaining to the petitioner, including but not limited to medical records, jail conduct, certificates of any educational, vocational or employment opportunities undertaken, etc. that the petitioner may wish to submit for the purpose o f sentencing information. 6. The Registry is directed to transmit a copy of this order to the Standing Counsel for the State of Punjab, who shall, in turn, ensure that the order is communicated to the relevant authorities for compliance. The Registry shall, in addition, send a due intimation to all the concerned authorities immediately for compliance. 7. All the reports shall be duly compiled and placed before this Court on the next date of hearing. 8. Learned counsel for the parties are directed to assist the Registry in pagination of the record. 9. I.A. No. 189570 of 2024 is, accordingly, disposed of. 10. List the matter after twenty weeks. CRL.A. NOS.1623-1624 OF 2019 1. Taken on Board. 2. These proceedings arise from the judgment and order dated 24.04.2019 of the High Court of Punjab and Haryana at Chandigarh passed in Murder Reference No.3 of 2018 and CRA-D-880-DB-2018. The High Court, vide impugned judgment and order, upheld the conviction and confirmed the death sentence awarded to the accused-appellant by the Trial Court. 3. The execution of the death sentence shall remain stayed pending the hearing and final disposal of the present appeals. 4. The original record of the case shall be summoned from the 3

Trial Court and the High Court. A copy of the translated records shall be supplied to the counsel for the parties. 5. In view of the orders passed by this Court in matters involving capital punishment, we issue following directions: i. The respondent-State shall place before this Court the report(s) of all the Probation Officers relating to the appellant within a period of eight (8) weeks. ii. The Superintendent of Prison, Central Jail, Patiala, Punjab, shall submit a report with regard to the nature of work which has been performed by the appellant while in jail and a report with regard to the conduct and behaviour of the appellant while in jail, within a period of eight (8) weeks. iii. The Head of Post Graduate Institute of Medical Education and Research, Chandigarh shall constitute a suitable team for the purpose of carrying out a psychological evaluation of the appellant. The report of the evaluation shall be submitted to this Court through the Standing Counsel for the State of Punjab within a period of eight (8) weeks. iv. Ms. Komal is permitted to have access to the appellant who is presently lodged in Central Jail, Patiala, Punjab to conduct multiple in-person interviews for the purpose of collecting information relevant to sentencing and to submit a Mitigation Investigation Report on behalf of the Appellant through the Appellant’s Advocate-on-Record within twenty weeks. v. The Central Jail, Patiala, Punjab shall ensure that, for the sake of confidentiality, these interviews are conducted in a separate interviewing space without any prison official or police staff being within earshot distance, and audio recorders be permitted to be used to record the 4

interviews. vi. A person nominated by Ms. Komal be permitted to accompany her to translate during the interview. vii. Ms. Komal is granted permission to obtain documents pertaining to the appellant, including but not limited to medical records, jail conduct, certificates of any educational, vocational or employment opportunities undertaken, etc. that the appellant may wish to submit for the purpose o f sentencing information. 6. The Registry is directed to transmit a copy of this order to the Standing Counsel for the State of Punjab, who shall, in turn, ensure that the order is communicated to the relevant authorities for compliance. The Registry shall, in addition, send a due intimation to all the concerned authorities immediately for compliance. 7. All the reports shall be duly compiled and placed before this Court on the next date of hearing. 8. Learned counsel for the parties are directed to assist the Registry in pagination of the record. 9. I.A. No. 189593 of 2024 is, accordingly, disposed of. 10. List the matter after twenty weeks along with R.P. (Crl.) Nos.226-227/2019. (NARENDRA PRASAD) (ANJU KAPOOR) DEPUTY REGISTRAR COURT MASTER 5

ITEM NO.10 COURT NO.7 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 30090/2019 (Arising out of impugned final judgment and order dated 24-04-2019 in MR No. 3/2018 24-04-2019 in CRAD No. 880/2018 passed by the High Court Of Punjab & Haryana At Chandigarh) KHUSHWINDER SINGH Petitioner(s) VERSUS STATE OF PUNJAB, ETC. Respondent(s) IA No.156123/2019-CONDONATION OF DELAY IN FILING and IA No.156124/2019-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS ) Date : 23-10-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MS. JUSTICE INDU MALHOTRA HON'BLE MR. JUSTICE R. SUBHASH REDDY For Petitioner(s) Mr. Tripurari Ray, Adv. Mr. Balwant Singh Billowria, Adv. Mr. Parveen Kr, Adv. Mr. Suresh Kr. Sharma, Adv. Mr.Vivekanand Singh, Adv. Mr. Anirudh Ray, Adv. Ms. Shilpa Singh, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned . Leave granted. List the appeal for final disposal in the second week of January, 2020 before the appropriate Court. The State shall file the entire record before the first week of January, 2020. The execution of death sentence shall remain stayed till further orders. (INDU MARWAH) (SUMAN JAIN) COURT MASTER BRANCH OFFICER

ITEM NO.106 COURT NO.4 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS R.P.(Crl.) No. 226-227/2019 in Crl.A. No. 1433-1434/2014 (Arising out of impugned final judgment and order dated 05-03-2019 in Crl.A. No. No. 1433/2014 05-03-2019 in Crl.A. No. No. 1434/2014 passed by the Supreme Court Of India) KHUSHWINDER SINGH Petitioner(s) VERSUS THE STATE OF PUNJAB Respondent(s) Date : 25-09-2019 This petition was circulated today. CORAM : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Mr. Tripurari Ray, Adv. Mr. Balwant Singh Billowria, Adv. Mr. Medhavi Kumar, Adv. Mr. Suresh Kumar Sharma, Adv. Mr. Vivekanand Singh, Adv. Mr. Anirudh Ray, Adv. Mr. Vishnu Sharma, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R List after six weeks before appropriate Bench. (JAYANT KUMAR ARORA) (JAGDISH CHANDER) COURT MASTER BRANCH OFFICER

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