Kovai killer’s death sentence kept in abeyance

A division bench comprising Justice MM Sundresh and Justice RMT Teekaa Raman on considering the submission made by the petitioner (Manoharan) that steps are being taken to prepare a mercy petition before the Governor of Tamil Nadu, said, “The law is quite settled to the effect that when such a mercy plea is pending, there is a deemed suspension of the execution.” “We also make it clear that our order will not stand in the way of the petitioner making a mercy plea. The Additional Public Prosecutor is directed to file a counter by four weeks,” the bench said, while granting interim stay on the sentence, until further orders.

The petitioner’s counsel had submitted that Manoharan’s sentence attained finality by the dismissal of the review petition filed before the SC on November 7. But even as steps were being taken to file a mercy plea, the death warrant was issued on November 11 seeking to execute the same on December 2, though the death warrant has not even been served on him. The counsel for the petitioner submitted that there is a fundamental right available to the petitioner to seek mercy petition. When such is the position, the same cannot be prevented by issuance of death warrant.

He further submitted that the order copy of the SC in the review petition was received only on November 13 and now, steps are being taken to file mercy petition which would require another six weeks.