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SC questions trial court on issuance of death warrant before expiry of appeal time period

According to a 2015 verdict, convicts have 60 days to file an appeal

By PTI in New Delhi
  • Published 20.02.20, 12:52 PM
  • Updated 20.02.20, 12:52 PM
  • a min read
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The Supreme Court also stayed the death warrant issued by a Gujarat sessions court against a convict Anil Surendra Singh Yadav in a rape and murder case. (Shutterstock)

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

A bench headed by Chief Justice S. A. Bobde referred to the 2015 verdict of the apex court in which it was held that the death warrant cannot be issued before the expiry of 60-day mandatory period available to a convict for filing the appeal in the Supreme Court against the high court's judgement.

"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.

It also stayed the death warrant issued by a Gujarat sessions court against a convict Anil Surendra Singh Yadav in a rape and murder case.

The bench also sought assistance of solicitor-general Tushar Mehta and asked him to find out reasons for issuance of such death warrants despite the apex court's judgement.

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