Press Release on Death Warrants for Shabnam and Saleem

Death Penalty Litigation Clinic, National Law University, Delhi

27th May 2015
The Supreme Court today quashed the death warrants issued by the Sessions Judge, Amroha on 21 st
May 2015 to execute Shabnam and Saleem. The bench held that the death warrants and the process
adopted to issue them violated the right to life of persons on death row guaranteed to them by
Article 21 of the Constitution.
Hearing arguments in the petitions, Shabnam v. Union of India & Anr. and National Law University,
Delhi through Death Penalty Litigation Clinic v. Union of India & Anr, the bench comprising Justice AK
Sikri and Justice UU Lalit held that the death warrants were issued in undue haste and were
unwarranted. They were of the view that issuing the death warrants only six days after the death
penalty for Shabnam and Saleem was confirmed by the Supreme Court, ignored the legal and
constitutional options (open court review petitions and mercy petitions before the Governor of Uttar
Pradesh and the President of India) available to them.
Senior Advocates Raju Ramachandran and Anand Grover emphasised the importance of adhering to
constitutionally compatible procedures when decisions with an irreversible impact on an individuals
life are taken by the State. Agreeing with the petitioners, the court affirmed the legal requirement to
follow the procedure laid down in Peoples Union for Democratic Rights (PUDR) v. Union of India by
the High Court of Allahabad while issuing death warrants. Shabnam and Saleem were not given
notice of the proceedings to issue death warrants. In contravention to the guidelines laid down in
PUDR, they were also not provided any legal representation in these proceedings.
With this order the Supreme Court has laid down a very clear procedure that must be followed by all
the states and the Centre once the death sentence is confirmed. No death warrant can now be
issued until all legal and constitutional options have been exhausted. Further, the court noted that
even when death warrants are sought, principles of natural justice and the due process of law
cannot be ignored.
Along with the recent judgments in Shatrughan Chauhan v. Union of India and Mohd. Arif v.
Registrar, Supreme Court of India, this judgment is another step towards effective protection of
rights of prisoners sentenced to death.
The Death Penalty Litigation Clinic at National Law University, Delhi has coordinated the legal
representation for Shabnam and Saleem after the Supreme Court dismissed their criminal appeals
on 15th May 2015. The Clinic, established in August 2014, is now involved in the legal representation
of around 30 prisoners sentenced to death.
For further queries, please contact Ms. Shreya Rastogi at +91-8376087473 or Ms. Lubhyathi
Rangarajan at +91-9619917150.