- (1.) THE case The execution of the sentence of death which has been imposed on Surendra Koli, pursuant to a final judgment holding him guilty of the offence of having committed the murder of Rimpa Haldar has been called into question in two writ petitions instituted before this Court under Article 226 of the Constitution. The first of the two petitions was filed by the Peoples' Union for Democratic Rights (PUDR) seeking a declaration that the execution of the sentence of death pursuant to the rejection of a mercy petition under Article 72 of the Constitution is unconstitutional and seeking a commutation of the sentence to imprisonment for life. On 31 October 2014, this Court stayed the execution of the sentence of death by hanging. The second petition was filed by the convict seeking relief in his personal capacity.
(2.) ON 8 February 2005, the victim, who was fourteen years of age, was reported missing. Surendra Koli ("the convict") was arrested on 29 December 2006. A charge sheet was filed against him by the Central Bureau of Investigation(CBI) which investigated the crime, on 19 May 2007. Charges were framed on 18 June 2007 by the trial court under Sections 302, 364 and 376 of the Indian Penal Code, 1860(PENAL CODE) in Sessions Trial No 611 of 2007. On 13 February 2009, the Additional Sessions Judge, Ghaziabad convicted Surendra Koli of offences under Sections 302, 364 and 376 read with Sections 511 and 201 and Section 120 -B of the Penal Code and sentenced him to death. The conviction was upheld and the sentence confirmed by this Court on 11 September 2009 while disposing of the confirmation hearing and the appeal filed by the convict. A criminal appeal was dismissed by the Supreme Court on 15 February 2011.
(3.) AT this stage, it would be necessary to note that on 3 May 2011, the Additional Sessions Judge, Ghaziabad issued a warrant for the execution of the sentence of death under Sections 413 and 414 of the Code of Criminal Procedure, 1973(CrPC) and scheduled the execution of the convict between 24 May 2011 and 31 May 2011 at 4.00 am. The grievance of the convict is that he was not furnished with a notice of the proceedings for the issuance of a death warrant nor was he informed by the prison officials of the scheduled date of execution. On 7 May 2011, the convict addressed a mercy petition to the Governor of the State of Uttar Pradesh under Article 161 of the Constitution. According to the State Government, "the procedure to entertain and to process any mercy petition has been prescribed in Government Order No 660/22 -2 -2005 -17(346)/92 dated 13 April 2005". The State Government informed the Court that in accordance with the procedure which was prescribed in the Government Order, a letter dated 20 May 2011 was addressed to the District Magistrates of Ghaziabad (within whose jurisdiction the offence was tried) and of Gautam Budh Nagar (where the offence had been committed) as well as the Prison Superintendent, Ghaziabad calling upon them to submit their reports on eleven points referred to in the Government Order dated 13 April 2005 and to provide copies of the judgments of the trial court, this Court and the Supreme Court at the earliest. Subsequently, reminders were addressed to the District Magistrates and to the Prison Superintendent on 9 June 2011 and 2 September 2011. A report of the District Magistrate, Gautam Budh Nagar dated 18 October 2012 was received by the State Government on 26 October 2012 (after a delay of one year and five months). On 10 December 2012, the file was forwarded to the Home Department of the State Government. On 20 December 2012, a meeting took place after which, as stated before the Court by the State Government, the file was received back with a noting of the Law Department on 24 January 2013. On 31 January 2013, the file was processed for being placed before the Chief Minister whose approval was obtained on 12 February 2013. The file was forwarded to the Governor of the State on 13 February 2013 and after a preparatory note of the Legal Advisor to the Governor, the file was placed before the Governor on 1 April 2013. The mercy petition was rejected by the Governor on 2 April 2013.;