Admitting the petition of Renuka Shinde and Anjana Gavit, a division bench of the court also directed the Centre and Maharashtra government to explain within three weeks the reasons for the delay in deciding their mercy petitions.
Observing that the high court had powers under Article 226 of the Constitution to entertain the plea of the sisters who kidnapped children, made them beg and commit petty crimes before killing them, Justices V M Kanade and P D Kode ruled the petition was maintainable.
"Until such time, the death sentence would be kept in abeyance," the court ruled.
Shinde and Gavit have in their petition contended that the President had taken more than five years to decide their mercy petitions when such a plea should have been disposed of within three months. On this ground alone, their death sentence may be commuted to life term, the duo prayed.
They used to force the children to beg, commit petty thefts and pickpocketing. The children were starved to force them to commit crimes. After having sufficiently used the children in crime, they brutally banged their head against the wall and killed them.
The sisters, who could be the first women convicts to be sent to the gallows since Independence are lodged in Pune's Yerwada prison and were recently informed about the President's decision rejecting their mercy petitions. The 14-day buffer period before execution expired on August 16.
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