SC Questions Issuance of Death Warrants Before Appeal Period Ends

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

Supreme Court of India. Representational image.

(Photo: Reuters)

The Supreme Court on Thursday, 20 February, 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 SA 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.”

SC bench

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

Ignorance of Law?

It also stayed the death warrant issued by a Gujarat sessions court against a convict Anil Surendra Singh Yadav in the case of the rape and murder of a 3 year old.

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.