NEW DELHI: Questioning the issuance of black warrants by trial courts for execution of death penalty even before the expiry of 60-day time period for filing of appeals in the top court by the convicts, the Supreme Court on Thursday asked as to why such hurry was shown.
A bench headed by Chief Justice of India S A Bobde stayed the execution of the death warrant of convict Anil Surendra Singh Yadav, alleging that the black warrant was issued by a Gujarat sessions court just 33 days after his conviction was upheld by the high court.
Yadav was convicted for rape and murder of a 3-year old girl in 2018 in Surat. “We want to know as to how such orders…are being passed by trial court despite a reported judgement in this regard…The judicial process can’t be allowed to happen like this,” the SC said. Senior advocate Aprajita Singh, appearing for the convict, said there was a mandatory waiting period of 60 days by law which must be followed in order to challenge the conviction under death penalty. The observation of the SC bench gains significance in the backdrop of the Nirbhaya case.