The present writ petitions are filed on the allegations that on 21.05.2015, death warrants have been issued by the learned Sessions Judge, which are impermissible inasmuch as various remedies which are available to the companyvicts, even after the dismissal of the appeals by this Court, are still open and yet to be exercised by them.
They also have the right to file mercy petitions to the Governor of Uttar Pradesh and to the President of India.
The Judgment of the High Court was challenged in this Court and on 15.05.2015, the appeals of the companyvicts were dismissed by this Court as well, thereby companyfirming the companyviction as well as sentence of death imposed on them.
Notice of these petitions was issued to the Union of India as well as to the State of Uttar Pradesh on 25.05.2015.
They were tried together and after the trial, the learned Sessions Court returned with the finding holding them guilty of the said murders, for which they were charged and pronounced death sentence on both these companyvicts vide Judgment and Sentence dated 15.07.2010, subject to companyfirmation by the High Court.
88 of 2015 is filed by Shabnam and Writ Petition Criminal 89 of 2015 is filed by National Law University, Delhi, espousing the cause of Salim.
Both Shabnam and Salim hereinafter referred to as, the companyvicts were companyaccused in a murder case, that was tried against them on the allegations that they had companymitted murders of seven persons who were the members of Shabnams family during the intervening night of 14th and 15th April, 2008.
The High Court of Allahabad companyfirmed the death sentence of both the companyvicts vide Judgment and order dated 26.04.2013.
K. SIKRI, J. Rule.
Ms. Pinky Anand, learned ASG, accepts numberice on behalf of Union of India and Ms. Pragati Neekhra, learned companynsel, accepts numberice on behalf of State of Uttar Pradesh.
With the companysent of the learned companynsel appearing for the parties, we have taken up these petitions for final hearing and propose to dispose of these writ petitions by this order.
Writ Petition Criminal No.
