- (1.)This application has been filed by the Petitioner before us with the prayer to reopen the Review Petition (Crl.) No. 395 of 2014 and grant the Petitioner an open hearing before a three Judge Bench of this Court in light of the decision of this Court in Mohd. Arif and Ors. v. The Registrar, Supreme Court of India and Ors., 2014 4 RCR(Cri) 103: Writ Petition (Crl.) No. 77 of 2014) delivered on 02.09.2014. The Constitution Bench of this Court in Mohd. Arif case has carved out a separate niche of review petitions in cases where death penalty has been confirmed by this Court and held that limited oral hearing of such petitions is mandated by Article 21 of the Constitution of India. This Court in conclusion has observed as under:
"74. We make it clear that the law laid down in this judgment, viz., the right of a limited oral hearing in review petitions where death sentence is given, shall be applicable only in pending review petitions and such petitions filed in future. It will also apply where a review petition is already dismissed but the death sentence is not executed so far. In such cases, the Petitioners can apply for the reopening of their review petition within one month from the date of this judgment. However, in those cases where even a curative petition is dismissed, it would not be proper to reopen such matters,"

(2.)In the present application, keeping in view the urgency of matter, we had stayed the operation of Death Warrant of the Petitioner/applicant which was to be executed on 08.09.2014 at 5 a.m., by order dated 08.09.2014 at 1 a.m. and posted the matter before us for consideration and decision.
(3.)In tight of the aforesaid observations of this Court in Mohd. Arif case , the prayer sought for by the Petitioner/applicant is allowed.