NEW DELHI: Taking cue from the delay in execution of the four death row convicts in the Nirbhaya gangrape and murder case, the Supreme Court on Friday issued with guidelines for expeditious hearing of criminal appeals, which involve death penalty.
According to the circular, the top court has fixed a deadline of six months, from the date of the verdict of the high court for hearing an appeal against cases involving death sentence.
“In a matter wherein the High Court has confirmed or upheld death penalty and this court has granted leave (admission of case), the criminal appeals will be listed for hearing not later than six months before the three-judges bench from the date of grant of leave, irrespective of the fact that appeal is ready or not,” the order stated.
“As soon as the special leave petition involving death penalty is filed, a communication from the Registry may be sent to the court appealed from to make ready and dispatch to this court the certificate of service as well as the original record within a period of 60 days, or within further such period fixed by court, after receipt of the intimation of the filing of such special leave petition along with the translation of the documents in vernacular language, if any,” the circular added.
It further said that on grant of leave by the court, the Registry may insist on the filing of additional documents by the parties within 30 days after the receipt of the intimation from the Registry in this regard. “In the event that records of additional documents have not been received or filed, the matter may be listed before the judge in chambers before the Registrar court as per the existing practise,” the circular mentioned.
All the four convicts in the Nirbhaya gangrape and murder case have adopted delaying tactics by filing one application after another seeking relief from the execution of death penalty.