IMPORTANT POINTS
Till the limitation period for filing the review petition and thereafter reasonable time for filing the mercy petition has not lapsed, issuing of death warrants would be violative of Article 21.
Execution of death sentence cannot be carried out in a arbitrary, hurried and secret manner without allowing the convicts to exhaust all legal remedies.

ORDER

A.K. SIKRI, J.

Rule.

2) Ms. Pinky Anand, learned ASG, accepts notice on behalf of Union of India and Ms. Pragati Neekhra, learned counsel, accepts notice on behalf of State of Uttar Pradesh.

3) With the consent of the learned counsel appearing for the parties, we have taken up these petitions for final hearing and propose to dispose of these writ petitions by this order.

4) Writ Petition (Criminal) No. 88 of 2015 is filed by Shabnam and Writ Petition (Criminal) 89 of 2015 is filed by National Law University, Delhi, espousing the cause of Salim. Both Shabnam and Salim (hereinafter referred to as, “the convicts”) were co-accused in a murder case, that was tried against them on the allegations that they had committed murders of seven persons who were the members of Shabnam's family during the intervening night of 14th and 15th April, 2008. They were tried together and after the trial, the learned Sessions Court returned with the finding holding them guilty of the said murders, for which they were charged and pronounced death sentence on both these convicts vide Judgment and Sentence dated 15.07.2010, subject to confirmation by the High Court.

5) The High Court of Allahabad confirmed the death sentence of both the convicts vide Judgment and order dated 26.04.2013. The Judgment of the High Court was challenged in this Court and on 15.05.2015, the appeals of the convicts were dismissed by this Court as well, thereby confirming the conviction as well as sentence of death imposed on them.

6) The present writ petitions are filed on the allegations that on 21.05.2015, death warrants have been issued by the learned Sessions Judge, which are impermissible inasmuch as various remedies which are available to the convicts, even after the dismissal of the appeals by this Court, are still open and yet to be exercised by them. It is submitted that these convicts can file review petition seeking review of the judgment dated 15.05.2015. They also have the right to file mercy petitions to the Governor of Uttar Pradesh and to the President of India. In these circumstances, the execution of the death warrants within six days of the dismissal of the Criminal Appeals is challenged as illegal and contrary to the provisions of Article 21 of the Constitution of India.

7) Notice of these petitions was issued to the Union of India as well as to the State of Uttar Pradesh on 25.05.2015. Ms. Pinky Anand, learned ASG, has appeared on behalf of the Union of India and Ms. Pragati Neekhra, learned counsel, has appeared on behalf of the State of Uttar Pradesh.

8) Ms. Pinky Anand, learned ASG, has brought to our notice the instructions issued by the Ministry of Home Affairs, Government of India, which delineates the procedure regarding petitions for mercy in death sentence cases. She has referred to the following portion from the said instructions which impose certain duties on the Superintendent of Jail in connection with petitions for mercy from or on behalf of the convicts in sentence of death, paragraph

(II) thereof reads as under:

“On receipt of the intimation of the dismissal by the Supreme Court of the appeal or the application for special leave to appeal to it lodged by or on behalf of the convict, in case the convict concerned has made no previous petition for mercy, the Jail Superintendent shall forthwith inform him (the convict) that if he desires to submit a petition for mercy it should be submitted in writing within seven days of the date of such intimation.”

9) She fairly stated that the death warrants would not be executed immediately and the procedure laid down as per the aforesaid instructions of the Ministry of Home Affairs shall be followed. The learned counsel for the State of Uttar Pradesh also informed this Court that after the death warrants dated 21.05.2015 issued by the learned Sessions Judge were received by the Superintendent of Jail, the Superintendent of Jail sent these death warrants back to the learned Sessions Judge pointing o