RAJ GOPAL NAYYAR Vs. STATE

JUDGEMENT

(1.) AFTER the judgment had been announced, Dr. Wadhera made a mention that execution of the condemned prisoner be stayed for one week to enable him to obtain copies of judgments and other documents and to move the Supreme Court of India. He pointed out that Supreme Court is on a short vacation and according to his information most of the Judges are out of Delhi. There is no vacation Judge, sitting before whom a prayer for staying the execution could be made.

(2.) UPON this Mr. R.C. Gandhi, learned Additional - Advocate General was sent for. He submits that after the Court had pronounced judgment in the writ petition the only remedy available to the petitioner was by way of Letters Patent Appeal. Moreover, the Court had become functe -office, and there was no proceeding before it to warrant the grant of relief prayed for.

(3.) HE , however, submits that the concerned trial Judge is on leave and there is no prospect of the execution of being carried out within a period of one week.