JASBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This intra-Court appeal under clause-X of the Letters Patent is directed against the judgment and order dated 26.07.2019 passed by the learned single Judge dismissing the writ petition filed by the appellant seeking a writ, order or direction for commutation of his death sentence to life imprisonment on the ground of inordinate delay in disposal of mercy petition.

(2.) Writ petition was filed before the learned single Judge seeking the following main reliefs:-

(3.) The learned single Judge, vide the judgment and order impugned in this appeal, dismissed the writ petition. That is how the appellant is before us in an intra-Court appeal challenging the said judgment. Question of maintainability of this intra-Court appeal is an issue in view of the judgment of the Hon'ble Apex Court in the case of Ram Kishan Fauji Vs. State of Haryana and others, 2017 5 SCC 533. It is pertinent to notice at this stage that two Letters Patent Appeals, namely, the present one and LPA No.1395 of 2019 titled as Vikram Singh @ Vicky Walia vs. State of Punjab and others have been preferred. However, in LPA No.1395 of 2019, learned counsel for the appellant, when confronted with the judgment of the Hon'ble Apex Court in Ram Kishan Fauji (supra), conceded that intra-Court appeal would not be maintainable.