TRIVENIBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner the mother of Shashikant Keshavlal Parmar who is sentenced to death in Sessions Case No. 57 of 1980 by the Sessions Judge Rajkot for committing the triple murder of (1) Vibha Narendra Dave (2) Ashaben Narendra Dave and (3) Gaurishanker Ishwarlal Dave which was confirmed in Confirmation Case No. 1 of 1981 and the Criminal Appeal No. 826 of 1981 arising from the aforesaid sessions case was dismissed by the High Court on 19/01/1982 and the appeal was dismissed by the Supreme Court of India on 26/07/1982 has preferred this petition under Arts. 14 21 and 226 of the Constitution of India for directing the concerned authorities not to implement the order of execution of Shashikant Keshavlal Parmar until the mercy petition preferred by the petitioner is considered by the President of India.

(2.) After the appeal was dismissed by the Supreme Court mercy petition under Art. 161 of the Constitution of India was submitted by Shashikant Keshavlal Parmar on 7/08/1982 to the Governor of Gujarat and the mercy petition under Art. 72 of the Constitution of India was submitted to the President of India After that Criminal Writ Petition No. 1349 of 1985 was preferred before the Supreme Court which was dismissed on 4/09/1985 Criminal Writ Petition No. 1566 of 1985 was then preferred before the Supreme Court and on 8/11/1985 the Supreme-Court stayed the execution of the sentence of death and directed the writ petition to be heard along with other writ petitions. The Supreme Court dismissed the writ petition on 7/02/1989.

(3.) According to the petitioner the preferred mercy petition dated October 18 1985 and presented at the registry of the President on that day. On 13/12/1985 the then President of India Honble Shri Gnani Zailsingh visited the State of Gujarat and Haribhai Panchal handed over the mercy petition personally to the President of India. According to the petitioner that mercy petition is not decided as yet and therefore till it is decided the execution of the sentence of death should be stayed by this Court.