Supreme Court - Daily Orders
Kattavellai @ Devakar vs The State Of Tamil Nadu on 16 April, 2019
Author: Chief Justice
Bench: Chief Justice, Deepak Gupta, Sanjiv Khanna
WP(Crl) 117/2019
1
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
Writ Petition (Criminal) No. 117/2019
KATTAVELLAI @ DEVAKAR Petitioner
VERSUS
STATE OF TAMIL NADU Respondent
O R D E R
By an order dated 13.3.2019, the High Court affirmed the conviction of the petitioner under Section 302, IPC and the death penalty awarded by the learned trial Court. Pursuant thereto, warrant for execution of the death sentence was issued by the Principal Sessions Judge, Theni on 27.3.2019. As the petitioner has been left without an opportunity of exhausting the remedies available to him in law, this petition under Article 32 of the Constitution has been filed.
At the hearing today, we are told by the learned counsel appearing for the petitioner that by a subsequent order, the learned trial Court has recalled the warrant issued.
Be that as it may, as the period for filing of a special leave petition/an appeal against the order of conviction and sentence passed is yet to be over, we are of the view that the warrant for execution of death sentence, dated 27.3.2019, is contrary to the law laid down by this Court in Shabnam vs. Union of India & Signature Not Verified Digitally signed by DEEPAK GUGLANI Ors., (2015) 6 SCC 702. Accordingly, we deem it Date: 2019.04.16 proper, without issuing any notice, to set aside the 13:12:06 IST Reason:
said warrant of execution of death sentence and allow this petition under Article 32 of the Constitution. WP(Crl) 117/2019 2 We are also told that the petitioner is in the process of filing an appeal. The same as and when filed, will receive due attention of the Court.
....................CJI [Ranjan Gogoi] ....................J. [Deepak Gupta] ....................J. [Sanjiv Khanna] New Delhi;
April 16, 2019.
WP(Crl) 117/2019 3 ITEM NO.301 COURT NO.1 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition (Criminal) No. 117/2019 KATTAVELLAI @ DEVAKAR Petitioner VERSUS STATE OF TAMIL NADU Respondent (I.A. No. 63497/2019 – STAY APPLICATION) Date : 16-04-2019 This matter was called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE DEEPAK GUPTA HON'BLE MR. JUSTICE SANJIV KHANNA For Petitioner Mr. Siddhartha Dave, Sr. Adv. Ms. Ninni Susan Thomas, Adv. Ms. Shreya Rastogi, Adv. Ms. Kajal Bhatia, Adv.
Mr. A. Karthik, AOR For Respondent UPON hearing the counsel the Court made the following O R D E R The writ petition is allowed in terms of the signed order.
Pending interlocutory applications, if any, shall stand disposed of.
(Deepak Guglani) (Anand Prakash)
Court Master Court Master
(signed order is placed on the file)