“The question before the court is as to how the interests of the state are to be balanced against the interests of an individual to his right to live as well as his right to due process guaranteed by Articles 9 and 10A of the Constitution.
“It appears to be the contention of the state is that given the opinion of the chief of naval staff that proceedings and reasoning for passing the death sentence cannot be shared with those against whom such death sentences have been passed, they have no further remedy under the law and the Constitution.
“The question therefore arises as to how the interests of the state in secrecy are to be balanced against the interests of a citizen to be informed of the reasons for which the state has decided to hang him and to provide him the relevant reasoning and material to be able to defend himself,” the order reads.
It directed that “given that the fundamental question of protection of right to life and due process is in question, the petitioners shall not be executed till the disposal of the petition.”
The order instructed the respondents to file the naval chief’s opinion within three weeks, along with the reasoning, about why he formed the opinion that sharing the proceedings about the petitioners would be detrimental to the state’s interests.
The accuseds' executions have been stayed.
H/T to Cdr. Phil Cave for the link.
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