A bench headed by Justices Dipak Misra and R Banumathi disposed of the petition filed by Chhattisgarh government against the Delhi High Court order in which it had ruled that it has the jurisdiction to decide cases on the ground that the mercy petition of a death row convict was rejected by the President who sits in the national capital.
"In view of the order passed, nothing remains for adjudication in the matter. Needless to say that question of law is left open to be adjudicated," the bench said.
Delhi High Court has stayed the execution of a man, Sonu Sardar, who was held guilty of murdering five persons, including two children, in 2004 in Chhattisgarh.
"If they (Delhi High Court) do it again, then we will come down heavily on them. We will make Attorney General as amicus curiae and see to it," the bench said.
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It had on March 2, 2015 stayed the execution of Sonu Sardar after which the Chhattisgarh government approached the Supreme Court challenging its jurisdiction to hear the matter.
The Supreme Court had in February 2012 concurred with the findings of two courts below and upheld the punishment. His mercy petition was also dismissed by both the state Governor and the President of India.
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