Supreme Court today asked Delhi High Court to decide on a plea of the Chhattisgarh government challenging its jurisdiction to hear and grant a stay on the execution of a man held guilty for the murder of five persons, including two children, in 2004.
The convict has been awarded death penalty by a trial court in Chhattisgarh, a decision later upheld by the state High Court and the Supreme Court as well. The execution has however been stayed by the Delhi High Court.
Challenging the decision, the state government told the apex court that Delhi High Court had no jurisdiction to stay the execution of convict Sonu Sardar as the offence had taken place in Chhattisgarh.
"The Delhi High Court decide the petition pending before it in four weeks," a bench of Justices Dipak Misra and Amitava Roy said and posted the matter on December 8.
The apex court had on September 2 sought response from the Centre on a plea of Chhattisgarh government challenging the jurisdiction of Delhi High Court.
It had also stayed the proceedings in the case pending before the Delhi High Court.
The state government had said that just because there was a delay in deciding on his mercy petition, it cannot be a ground for the matter to fall in the jurisdiction of Delhi High Court. It had also sought transfer of the matter from the Delhi High Court to Chhattisgarh High Court.
The Delhi High Court had on March 2, 2015 stayed the execution of Sardar, convicted for the murder of five persons, The convict's "black warrant" (death warrant) was scheduled to be signed on March 4, 2015.
Sardar in his plea before the Delhi High Court had contended that there was delay of two years and two months by the President in deciding on his mercy plea.
Sardar had also sought commuting of his death sentence to life imprisonment on account of delay in deciding his mercy plea as well as for allegedly keeping him in "solitary confinement illegally".
Sonu Sardar, along with his brother and accomplices, had killed five persons of a family, including a woman and two children, during a dacoity bid in Chhattisgarh's Cher village in November 2004. The trial court had slapped death penalty on him and the Chhattisgarh High Court had upheld it.
The court was also critical of the fact that a two-judge
bench of the Delhi High Court, in its December 6 order, relied upon the judgement of a smaller bench when the five-judge bench headed by Justice Misra, the then HC Chief Justice, had already settled the jurisdictional issue in 2011.
"The five-judge bench judgement was diluted by the two-judge bench and now they have relied upon the diluted judgement to say that the Delhi High Court has the jurisdiction in this matter," the Supreme Court said.
Rohatgi also concurred with the view and said that other high courts will have nothing to deal with if the Delhi High Court continued to pass such orders as the President sat in the national capital.
Advocate Atul Jha, appearing for the Chhattisgarh government, said they will file the appeal against the Delhi High Court order after which the bench posted the matter for further hearing in January.
The apex court had on November 8 asked the Delhi High Court to decide the Chhattisgarh government's application in four weeks.
The Delhi High Court 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 state government had told the apex court that Delhi High Court had no jurisdiction to stay the execution of convict Sonu Sardar as the offence had taken place in Chhattisgarh.
The Supreme Court had in February 2012 concurred with the findings of two courts below it and upheld the punishment. His mercy petition was also dismissed by both the state Governor and the President of India. In February 2015, the apex court had also rejected his review plea.
Sardar in his plea before the Delhi High Court had contended that there was a delay of two years and two months by the President in deciding on his mercy plea.
Sardar had also sought commuting of his death sentence to life imprisonment on account of delay in deciding his mercy plea as well as for allegedly keeping him in "solitary confinement illegally".
Sardar, along with his brother and accomplices, had killed five members of a family, including a woman and two children, during a dacoity bid in Chhattisgarh's Cher village on November 26, 2004. The trial court had awarded death penalty to him which was upheld by the Chhattisgarh High Court.
