Check Credit Score
Check Credit Score
HomeNewsIndia

SC questions issuance of death warrants by trial courts before expiry of time period for appeal

"We want to know as to how such orders issuing black warrants are being passed by the trial court despite a reported judgement in this regard," the bench said

February 20, 2020 / 07:16 PM IST
Representative Image

Representative Image

The Supreme Court February 20 questioned the issuance of black warrants by trial courts for execution of death penalty even before the expiry of 60-day time period for filing of appeals in the apex court by the convicts.

The top court's observation came during the hearing of an appeal, filed by death row convict Anil Surendra Singh Yadav, alleging that the black warrant was issued by a Gujarat sessions court just 33 days after his conviction was upheld by the high court.

Yadav was convicted for rape and murder of a 3-year old girl in 2018 in Surat.

A bench headed by Chief Justice S A Bobde stayed the execution of Yadav's death warrant.

The bench, also comprising Justices B R Gavai and Surya Kant, wondered as to how trial courts issue death warrants despite there being a reported judgement of the apex court, passed in 2015, that black warrants cannot be issued before the expiry of 60-day statutory period for filing an appeal in the Supreme Court against the high court verdict.

"We want to know as to how such orders issuing black warrants are being passed by the trial court despite a reported judgement in this regard.

"Someone has to explain this. The judicial process cannot be allowed to happen like this," the bench said.

The CJI said there has been a "clamour" on the delay in execution of death penalty in rape and murder cases and here a sessions court issued the death warrant before the expiry of statutory period.

The bench said that due to non-compliance of the apex court's judgement, it has to stay the death warrant and asked Solicitor General Tushar Mehta, who was present in the courtroom, to assist the court.

The law officer said the ignorance of law cannot be grounds for the trial court judges to pass such orders.

Senior advocate Aprajita Singh, appearing for the convict, said there was a mandatory waiting period of 60 days by law which must be followed in order to challenge the conviction under death penalty.

PTI
first published: Feb 20, 2020 07:06 pm

Discover the latest business news, Sensex, and Nifty updates. Obtain Personal Finance insights, tax queries, and expert opinions on Moneycontrol or download the Moneycontrol App to stay updated!

Advisory Alert: It has come to our attention that certain individuals are representing themselves as affiliates of Moneycontrol and soliciting funds on the false promise of assured returns on their investments. We wish to reiterate that Moneycontrol does not solicit funds from investors and neither does it promise any assured returns. In case you are approached by anyone making such claims, please write to us at grievanceofficer@nw18.com or call on 02268882347