Delhi HC scorns to intervene with the death warrant issued by the trial court

Delhi High Court has rejected the appeal regarding issuing of death warrant by the trial court

A death warrant or a black warrant is issued for someone who signed his death. The appeal for the trial and conviction of a person have become so exhausted that the judicial authority designated by law issued a death warrant specifying the time and place for the execution of the death sentence of the convicted person.

The Delhi High Court has rejected the appeal regarding issuing of death warrant by the trial court in one of the heinous crime committed in a country that unites the nation against the accused. It raised the voice of the citizen related to the protection and security of women inside the nation.

The Nirbhaya rape case and murder led the nation protest with a slogan – “No more Nirbhaya” and forced the committee to set up and amend the laws related to rape and make them tougher for stop such heinous crime to commit further. 

Brief facts:

The four men convicted for the brutal gang- rape and murder to a 23-year-old student who referred to as Nirbhaya. The accused were charged under ten sections of IPC – 302, 376(2) (G), 120B, 366,365,307,201,395,397 & 412. After 7years of trial, the death warrant issued by the trial court against the accused said they were given enough time and opportunity to exercise their legal remedy. A curative plea filed before the Supreme Court by the accused and court has rejected the appeal, review and curatives of the convict. A petition has filled before the High Court setting aside the death warrant on the ground that he has moved the mercy petition before the Governor of Delhi or President of India. They also seek a stay of execution warrant as his constitutional rights to seek mercy would not be rendered. The petition was rejected by the High court.

Key features:

  • The High Court has noted that the Supreme Court have rejected the review and curative petition of the accused then there is nothing wrong with the judgment of the trial’s court.
  • It states that the petitioner withdraws the plea to file it again, he cannot use to do that from one court to another.
  • The High Court states that there is no error in the trial court decision, no ground for appeal.


The Delhi High Court has declined the plea of the accused regarding the decision of the trial court and gave them the liberty to move to session court. The execution of the convict has stayed as the Government of Delhi have informed the High Court that the mercy petition of one of the accused has pending before the government of the states. The direction was given that at least 14 days’ notice before the rejection of mercy petition must be provided to the petitioner as per the norms established by the Supreme Court in the case of Chauhan v. Union of India. 

Edited by Vartika Gajendra Singh

Approved & Published – Sakshi Raje

Mohita Yadav
I am Mohita Yadav pursuing BBA. LLB(Hons.) at The ICFAI university, Dehradun. I am dedicated law student who learn through analysing. My basic interest is in field of contract law and constitutional law as no law in land is above the constitution. I love to do research on facts behind religious myth. I believe in intellectual work greatly inspired by Chanakya. At my free time, I like to spent my knowledge as it helps me to memorize and also motivate others. Not the least but I give best of my skill as I know a man is great by his deeds.