SC pulls up trial court, cancels black warrant

Tribune News Service

New Delhi, February 20

The Supreme Court was in for a shock on Thursday when it came to know about issuance of black warrants for execution of a death penalty by a trial court even before the expiry of 60-day time period for filing of appeal before it.

A Bench, headed by Chief Justice of India SA Bobde, referred the top court verdict that said the death warrant could not be issued before the expiry of 60-day mandatory period for filing appeal in the Supreme Court against the high court’s judgment confirming death penalty.

It stayed the death warrant issued by a Gujarat sessions court against convict Anil Surendra Singh Yadav in a rape-and-murder case. The 22-year-old accused was convicted of raping and murdering a three-year-old girl in Surat.

“We want to know as to how such orders issuing black warrants are being passed by the trial court despite a reported judgment in this regard. Someone has to explain this. The judicial process can’t be allowed to happen like this,” it said.

Solicitor General Tushar Mehta said ignorance of law could not be a ground for judges to pass such an order.

The top court sought assistance of the Solicitor General in the matter.

Nirbhaya convict hurts himself in prison cell

• Death-row convict in the Nirbhaya gang-rape and murder case, Vinay Sharma, injured himself by banging his head against a wall in Tihar Jail
• Later, a Delhi court sought the jail authorities’ reply on Vinay’s plea for better treatment for “mental illness, schizophrenia” and head & arm injuries