A bench comprising Justices Markandeya Katju and Gyan Sudha Mishra stayed the execution after the convict’s council K V Vijay Kumar submitted that it was being carried out with unusual alacrity.
Quoting the Criminal Procedure Code, he submitted that a convict cannot be hanged until his appeal is decided by the Supreme Court.
G Selvam was to be hanged on Monday morning for the brutal rape and murder of a minor girl.
The sessions court had found Selvam guilty and awarded death penalty on March 12 this year and the sentence was confirmed by the Madras High Court on September 21. However, the convict was not granted the mandatory 90 days time to challenge the order before the apex court.
After the high court order, the sessions court judge fixed his execution at the Salem prison at 6 am on Monday.
According to the prosecution, Selvam had kidnapped, raped and murdered the nine-year-old school girl on February 12, 2009. Later he had removed her gold ornaments and wrapped her body in a gunny bag before dumping it in a canal.
Both the lower courts have categorised the crime to be a “rarest of the rare category” that warranted death penalty.
The bench also issued orders to the Tamil Nadu government to file its reply on the appeal.
Also, the bench requested the Chief Justice of India to issue circular to all state governments to ensure that no death sentence is executed before allowing the convict to exercise his or her right of appeal before the apex court.
