A bench comprising Justices Dipak Misra and U U Lalit granted stay of the execution of the death sentence for six months to enable him to challenge the order of the competent authority and also the court martial proceedings.
The Supreme Court has stayed the death penalty awarded to former BSF head constable Balbir Singh, who was held guilty of murdering two of his senior officers.
A bench comprising Justices Dipak Misra and U U Lalit granted stay of the execution of the death sentence for six months to enable him to challenge the order of the competent authority and also the court martial proceedings.
"We permit the respondent to challenge the said order before the appropriate forum in accordance with the law within three months. Needless to say, the respondent (Balbir Singh) will be at liberty to raise all contentions before the appropriate authority.
"The execution of the death sentence shall remain stayed for a period of six months. Needless to say, we have granted six months time so that the respondent can file appropriate proceeding before the competent authority and the said authority can address it in accordance with the law. The competent authority, if so advised, can always extend the order of stay.
"Needless to say, as we have not addressed or adverted to the question of law that has been dwelled upon by the Gauhati High Court, the question of law is kept open," the bench said.
Singh, a former BSF head constable, was awarded death sentence by General Security Force Court on March 2, 2007. He was convicted for murdering his superior Deputy Commandant Kameswar Singh for pulling him up for dereliction of duty while posted at Rajnagar outpost in South Tripura district.
After killing Kameswar Singh, the convict had also gunned down Assistant Commandant Alok Ranjan as he had witnessed the killing of the other officer.
On January 15, 2016, the Centre had informed the apex court that as a special case, the government has decided to afford an opportunity of hearing to him and pass an order.
The apex court was on April 25, 2016, informed by the Centre that Singh has been accorded hearing by the competent authority and an order will be passed accordingly.
The Gauhati High Court, treating his letter as a writ petition, had directed the Centre that before execution of the death sentence, he should be given a hearing.
(This article has not been edited by DNA's editorial team and is auto-generated from an agency feed.)
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