Nirbhaya case: SC sets new guidelines, appeal against hanging in time

Feb 15 2020 12:51 PM
Nirbhaya case: SC sets new guidelines, appeal against hanging in time

Due to the delay in hanging Nirbhaya's culprits, the Supreme has set a new guideline, so that the legal bets screws cannot be misused in future. The top court has fixed the hearing on the appeal within 6 months of the High Court's decision in the death penalty case. A circular of the Supreme Court which appeared on Friday said that in a case when the High Court confirms or upholds the death sentence and the Supreme Court agrees to hear it, the date of consent of this criminal appeal within 6 months, the case will be listed before a three-member bench of the top court, whether this appeal is ready or not.

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According to this guideline, as soon as the Supreme Court Special Leave Petition is filed in the death penalty case, the registry of the Supreme Court will inform the case listing of the case to the court sentencing the death penalty. Within 60 days, all the original records related to the case will be sent to the Supreme Court or they will have to give these records during the time that the court decides. If any additional document or translation of vernacular documents is to be given in this regard, it will also have to be given.

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In this circular, it has been said that after getting permission from the Supreme Court, the registry can give 30 days more time to the parties to submit additional documents to the court. If this process of giving additional documents is not completed in due time, the case will be listed in the judge's chamber before going to the registrar and then the judge will issue an order in this regard. The circular was released only on February 12, which has now surfaced. In view of the delay in the hanging of Nirbhaya's culprits, the Central Government reached the Supreme Court on 22 January this year. The Home Ministry had demanded in its petition that a deadline should be fixed for filing a corrective petition on the death penalty. According to the current rules, pending any plea of any convict, the remaining convicts related to that case also cannot be hanged.

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