Supreme Court issues notice on petition seeking hearing of death sentence review by larger Bench Execution of Sundarrajan stayed

The Supreme Court yesterday issued notice to the Central Government and the Supreme Court Registrar in a petition [Sundarrajan v. State by Inspector of Police & Ors., W.P. (Crl) 39/2013] seeking amendment of the Supreme Court Rules for allowing open court hearings of death sentence review pleas. The petition also sought a stay of execution of the death sentence awarded to one Sundarrajan until the review petition filed by him was decided by a Bench of 5 judges..The Supreme Court yesterday issued notice to the Central Government and the Supreme Court Registrar in a petition [Sundarrajan v. State by Inspector of Police & Ors., W.P. (Crl) 39/2013] seeking amendment of the Supreme Court Rules for allowing open court hearings of death sentence review pleas. The petition also sought a stay of execution of the death sentence awarded to one Sundarrajan until the review petition filed by him was decided by a Bench of 5 judges.Sundarrajan had been found guilty of the kidnap and murder of a seven-year-old boy in 2009..The petition, which was filed by advocate Renjith B. Marar, was heard by a Division Bench of Justices P. Sathasivam and J.S. Khehar, the same Bench that had confirmed the death sentence of the accused on February 5, 2013..Senior Advocate V. Giri, who represented the petitioner, submitted that as per the Law Commission’s recommendation all death penalty matters before the Supreme Court must be heard by a Bench of five judges, and this must be implemented by amending the Supreme Court Rules, 1966..He further submitted that Sundarrajan was the only son, and the sole earning member in his family. He also contended that the accused, aged 23, could be reformed and his continued existence would not be a menace to society..The petitioner sought a stay of his execution until his review petition was heard and decided by a Bench of five judges instead of being decided in chamber. He relied upon the ‘Dharmapuri bus burning case’ wherein the Supreme Court had stayed the execution of three convicts on similar grounds..The Court after hearing the matter, issued notice to the Central Government and the Supreme Court Registrar and stayed the execution of death sentence.