Mukesh Kumar vs Uoi & Ors.
2020 Latest Caselaw 260 Del

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*       IN THE HIGH COURT OF DELHI AT NEW DELHI

+       W.P.(CRL) 110/2020 & CRL.M.A.737/2020

        MUKESH KUMAR                             ..... Petitioner
                   Through        Ms.Rebecca John, Sr.Advocate with
                                  Ms.Vrinda Grover, Mr.Siddhartha
                                  Sharma, Mr.Harsh Bora,
                                  Ms.Maulshree Pathak, Ms.Praavita
                                  Kashyap, Ms.Joshika Saraf and
                                  Ms.Megha Bahl, Advocates.
                       versus

        UOI & ORS.                                    ..... Respondents
                       Through    Ms.ManinderAcharya, ASG with
                                  Mr.Kirtiman Singh, CGSC, Ms.Waize
                                  Ali Noor, Mr.Viplav Acharya,
                                  Mr.Rohan Anand, Ms.Shefali Jaiswal,
                                  Mr.Krishnesh Bopat and Mr.Shihhan
                                  Kishore, Advocates for UOI.
                                  Mr.Rahul Mehra, standing counsel for
                                  State with Mr.Chaitanya Gosain,
                                  Mr.Amanpreet Singh and Mr.Divyank
                                  Tyagi, Advocates with Inspector Ravi
                                  Shanker, SI Amit Kumar, SHO
                                  Vasant Vihar.
                                  Mr.Raj Kumar, AIG, Mr.Jorawar
                                  Singh, OIC and Mr.Parshant Varma,
                                  Legal Cell.
                                  Mr.M.N.Khan, Dy.Secretary, Judicial
                                  Division, MHA/UOI.
                                  Mr.Jitendra Kumar Jha and
                                  Ms.Seema Kushwaha, Advocates for
                                  Nirbhaya's parents.

%                                  Date of Decision: 15th January, 2020



W.P.(Crl.) 110/2020                                 Page 1 of 3
 CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

                                JUDGMENT

MANMOHAN, J (Oral):-

1. Present writ petition has been filed under Articles 226 and 227 of the Constitution of India read with Section 482 Cr.P.C. challenging the order dated 07th January, 2020 passed by the learned Additional Sessions Judge, Patiala House Courts, New Delhi, whereby 22nd January, 2020 has been fixed as the date for execution of the petitioner.

2. While learned senior counsel for the petitioner states that the order dated 07th January, 2020 has not been impugned, only the date of execution i.e. 22nd January, 2020 has been sought to be set aside, learned counsel for the respondents state that the present writ petition is premature.

3. Having heard learned counsel for the parties, this Court is of the view that there is no error in the order dated 07th January, 2020 as till the date the impugned order was passed, the petitioner had neither filed a curative nor a mercy petition. If the petitioner is of the opinion that the date of execution mentioned in the impugned order needs to be set aside in view of any subsequent event, then he must approach the court that passed the impugned order.

4. This Court is further of the opinion that once the Supreme Court has dismissed the petitioner's criminal appeal confirming the death sentence as well as the review and curative petitions, the petitioner cannot challenge the Additional Sessions Judge's order dated 07th January, 2020 fixing a date of

hanging before the High Court as the said order is nothing but carrying the orders passed by Apex Court to its logical conclusion. In the event, the petitioner is aggrieved by any such order, he shall have to approach the Apex Court.

5. At this stage, learned senior counsel for the petitioner states that the petitioner would file an appropriate application before the Trial Court bringing the subsequent events to its attention.

6. With the aforesaid liberty and observations, the present criminal writ petition along with the pending application stand disposed of.

7. Order dasti under the signature of the Court Master.

MANMOHAN, J

SANGITA DHINGRA SEHGAL, J JANUARY 15, 2020 KA