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2019 Supreme(SC) 1530
SUPREME COURT OF INDIA
Ranjan Gogoi, CJI., Deepak Gupta, Sanjiv Khanna, JJ.
Kattavellai @ Devakar - Appellant
Versus
State Of Tamil Nadu - Respondent
Writ Petition (Criminal) No. 117 of 2019
Decided On : 16-04-2019
Siddhartha Dave, Adv., Ninni Susan Thomas, Adv., Shreya Rastogi, Adv., Kajal Bhatia, Adv., A. Karthik, Adv.
The main legal point established in the judgment is that the warrant for execution of the death sentence should not be issued before the period for filing a special leave petition/an appeal against the order of conviction and sentence has expired.
Headnote:
Death Penalty - Warrant for Execution of Death Sentence Contrary to Law - Setting Aside of Warrant
Fact of the Case:
The petitioner was convicted under Section 302, IPC and awarded the death penalty. The High Court affirmed the conviction and a warrant for execution of the death sentence was issued. The petitioner filed a petition under Article 32 of the Constitution as he had not exhausted all available remedies.
Finding of the Court:
The court found that the warrant for execution of the death sentence was contrary to the law laid down by the Supreme Court in a previous case. The warrant was set aside without issuing any notice.
Issues: The main issue was the validity of the warrant for execution of the death sentence and whether the petitioner had been given the opportunity to exhaust all available remedies.
Ratio Decidendi: The court relied on the law laid down in Shabnam vs. Union of India & Ors. , (2015) 6 SCC 702, which established that the warrant for execution of the death sentence should not be issued before the period for filing a special leave petition/an appeal against the order of conviction and sentence has expired.
Final Decision: The court set aside the warrant of execution of the death sentence and allowed the petition under Article 32 of the Constitution. The petitioner was informed that the appeal, when filed, would receive due attention of the Court.
ORDER
1. By an order dated 13.3.2019, the High Court affirmed the conviction of the petitioner under Section 302, IPC and the death penalty awarded by the learned trial Court. Pursuant thereto, warrant for execution of the death sentence was issued by the Principal Sessions Judge, Theni on 27.3.2019. As the petitioner has been left without an opportunity of exhausting the remedies available to him in law, this petition under Article 32 of the Constitution has been filed.
2. At the hearing today, we are told by the learned counsel appearing for the petitioner that by a subsequent order, the learned trial Court has recalled the warrant issued.
3. Be that as it may, as the period for filing of a special leave petition/an appeal against the order of conviction and sentence passed is yet to be over, we are of the view that the warrant for execution of death sentence, dated 27.3.2019, is contrary to the law laid down by this Court in Shabnam vs. Union of India & Ors. , (2015) 6 SCC 702. Accordingly, we deem it proper, without issuing any notice, to set aside the said warrant of execution of death sentence and allow this petition under Article 32 of the Constitution.
4. We are also told that the petitioner is in the process of filing an appeal. The same as and when filed, will receive due attention of the Court.
