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Shatrughan Chauhan & Anr. v. Union of India & Ors.

Shatrughan Chauhan & Anr. v. Union of India & Ors.

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Published by: Bar & Bench on Jan 21, 2014
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02/05/2014

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Superintendents of Jail in connection with the petitions for

mercy for or on behalf of the convicts under sentence of

death have been issued. Rule I mandates that immediately

on receipt of warrant of execution, consequent on the

confirmation by the High Court of the sentence of death, the

Jail Superintendent shall inform the convict concerned that

if he wishes to appeal to the Supreme Court or to make an

application for special leave to appeal to the Supreme Court

under any of the relevant provisions of the Constitution of

India, he/she should do so within the period prescribed in

the Supreme Court Rules. Rule II makes it clear that, on

receipt of the intimation of the dismissal by the Supreme

Court of the appeal or the application for special leave to

appeal filed by or on behalf of the convict, in case the

convict concerned has made no previous petition for mercy,

the Jail Superintendent shall forthwith inform him that if he

desires to submit a petition for mercy, it should be

submitted in writing within seven days of the date of such

intimation. Rule III says that if the convict submits a

petition within the period of seven days prescribed by Rule

77

II, it should be addressed, in the case of States, to the

Governor of the State at the first instance and, thereafter, to

the President of India and in the case of Union Territories,

to the President of India. The Superintendent of Jail shall

forthwith dispatch it to the Secretary to the State

Government in the Department concerned or the Lt.

Governor/Chief Commissioner/Administrator, as the case

may be, together with a covering letter reporting the date

fixed for execution and shall certify that the execution has

been stayed pending receipt of orders of the Government on

the petition. Rule IV mandates that if the convict submits

petition after the period prescribed by Rule II, the

Superintendent of Jail shall, at once, forward it to the State

Government and at the same time telegraphed the

substance of it requesting orders whether execution should

be postponed stating that pending reply sentence will not be

carried out.

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