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PUDR moves PIL before SC; Stay issued against execution of Maganlal Barela

Live Law News Network
8 Aug 2013 6:24 AM GMT
PUDR moves PIL before SC; Stay issued against execution of Maganlal Barela
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A stay has been issued against the execution of Maganlal Barela, who was supposed to be hanged today at the Jabalpur Central Jail. The order came around 11:00 PM yesterday, on a PIL [W.P. (Crl.) D No. 24649 /2013] moved by Peoples Union for Democratic Rights (PUDR) before the Chief Justice of India at his residence.

According to Law and Other Things, “A stay was granted (at about 11pm) until this morning when it will be the first matter to be heard in the CJI's court. It is likely to be argued that Magan Lal's execution be stayed until he has the opportunity to challenge the rejection of his mercy petition. Clearly the CJI was unwilling to hear the matter along with other death penalty matters listed for hearing starting 22nd October 2013, when a constitution bench will attempt to provide judicial clarity on the impact of delay in deciding mercy petitions. Magan Lal's mercy petition was rejected after it was kept pending for 1.5 years.”

Today a Bench consisting of Chief Justice P Sathasivam and Justice Ranjana Prakash Desai has stayed the execution of Maganlal, till further orders.

PUDR came to know about the execution only after the Times of India report on Maganlal’s execution was published yesterday, and they immediately approached the Supreme Court against the execution. PUDR is being represented by Senior Counsel, Colin Gonsalves.

Maganlal was sentenced to death for beheading his five daughters in Sehore district of Madhya Pradesh in 2011. Maganlal tried to hang himself after the incident but was unsuccessful. His execution was earlier confirmed by the High Court and the Supreme Court. President Pranab Mukherjee had rejected Maganlal's clemency plea on July 22, 2013.
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