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Delhi HC has no jurisdiction to stay execution: C'garh govt

Press Trust of India  |  New Delhi 

The today said that the High has no jurisdiction to hear and grant a stay on the execution of a man held guilty for of five persons, including two children, in 2004.

The submission was made before a bench of justices G S Sistani and Vinod Goel, which has reserved its decision on the application of the challenging the maintainability of a filed by the convict.

The state government's counsel Jha said that the High had "no jurisdiction" to stay execution of convict Sonu Sardar as the offence had taken place in

The High had on March 2, 2015 stayed the execution of Sardar, convicted for the of five persons. Sardar, in his plea, has contended that his death warrant was scheduled to be signed on March 4, 2015.

After the execution was stayed, the state had approached the Supreme challenging the High Court's jurisdiction to hear the matter. The apex had asked the high to decide the state's application in four weeks.

The apex court, however, had stayed proceedings before the high with regard to the hearing on Sardar's plea seeking quashing of the President of India and the government's decision, by which his mercy was turned down.

During the arguments today, the state said that "all proceedings till date including the present one relates to a criminal offence which took place in The CrPC governs the territorial jurisdiction. All materials in the case are based in Even petitioner is in Central Jail, Raipur, Chhattisgarh".

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 on November 26, 2004. The trial had slapped death penalty on him and the High had upheld it.

The Supreme in February 2012 had concurred with the findings of two courts below and affirmed the punishment. His mercy petiton was also dismissed by both the state and the President of India. In February 2015, the apex had also rejected his review plea.

Later, the convict in March 2015 has moved the High against the President and the government's decision.

Sardar, in his petition, has sought that his death penalty be commuted to life imprisonment on account of delay in deciding his mercy plea as well as for allegedly keeping him in "solitary confinement illegally".

First Published: Mon, November 28 2016. 19:23 IST