SC questions issuance of death warrants by trial courts before expiry of time period for appeal

The Supreme Court on Thursday sought to know why the black warrants for execution were being issued by the trial courts even before the expiry of 60-day time period for filing of appeal by convicts in the apex court, in disregard to a judgement by the top court.

“Please find out why it happened. Despite our reported judgement, how is it that the black warrant is issued? Judicial process cannot go on like this,” a bench of Chief Justice S A Bobde and Justices B R Gavai and Surya Kant asked Solicitor General Tushar Mehta.

The top court took an objection to the death warrant issued by a trial court in Surat in a case related to rape and murder case of three-and-half-year old girl child.

The court cited 2015 judgement in Shabnam case wherein it was held that the death warrant cannot be issued before the expiry of 60-day mandatory period available to a convict for filing the appeal in the Supreme Court against the high court's judgement.

"Someone has to explain this,” the bench told Mehta, saying once such a case reached the top court, a stay would be granted, leading to delay in execution.

The top court stayed the death warrant issued against the convict, Anil Surendra Singh Yadav after senior advocate Aaprajita Singh pointed out that the High Court had confirmed the death sentence on December 27, 2019 and the trial court issued the black warrants on January 30, 2020 in the case.