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The SC bench headed by CJI Rajan Gogoi after noticing that the period for filing special leave petition against HC’s confirmation of death penalty was not yet over, so SC quashed a death warrant issued by the Trial court.
The writ petition was filed by a 20-year old Kattavelai Devakar, whose death sentence for double murder and rape was confirmed by the Madras HC. The HC bench found him guilty of raping and murdering a college girl and for murdering her lover in Theni district in 2011.
Within 2 weeks from the order passed by HC, the Session Judge issued the warrant for the execution of the order of death sentence.
Accused took the shelter of Article 32 of the Constitution of India and filed the writ petition, contending that the executive order was issued before the convict exhausted all the legal remedies.
Wherefore, in the lights of the facts, the SC quashed the death warrant and quoted the case of Shabnam v. Union of India (2015)6SCC702 and allowed the petition under Article 32.
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