Amendment status not verified — confirm the current text below against the official source.
The Superintendent shall inform every convict under the sentence of death that if he wishes to appeal to the High Court, he must do so within thirty days. In case a convict does not wish to file an appeal, he shall give a declaration which shall be attested by the Member Secretary, District Legal Services Authority, and the Superintendent. Appeal to Supreme Court. 377. (1) Immediately on receipt of a warrant of execution from the convicting court, consequent upon confirmation of the sentence of death by the High Court, the Superintendent shall inform the convict that if he wishes to appeal to the Supreme Court, he may do so within the period prescribed by the Supreme Court Rules. (2) If the prisoner under sentence of death so desires, the Deputy Superintendent (Administration) or law officer or legal aid counsel, as the case may be, shall at once get his appeal or revision prepared for him as far as possible in his own words and it shall be forwarded through approved means of communication or hand delivered by a prison official to the Registrar of the Supreme Court under intimation to Government and the Director General. (3) On receipt of the intimation of the lodging of an appeal in the Supreme Court or of an application for special leave to appeal before that Court or of an intention to do so, the State Government concerned shall forthwith communicate by electronic means to the Standing Counsel of the Government in the Supreme Court, the following information, namely:– (a) the name of the convict under sentence of death; and (b) particulars relating to the appeal or the application. (4) If it is desired to oppose the appeal or the application, three copies of the paper book and the judgment of the High Court, a power of attorney in the form prescribed by the Supreme Court, and instructions, if any, to oppose the appeal or the application shall be immediately sent to the Standing Counsel of the Government. Notice of the intended appeal or application, if and when served by or on behalf of the convict, shall also be transmitted to him without delay. If the intended appeal or application is not lodged within the period prescribed by the Supreme Court Rules, the Standing Counsel shall intimate the fact by electronic means to State Government. (5) If an appeal or an application for special leave to appeal has been lodged in the Supreme Court on behalf of the convict, the Standing Counsel shall intimate the said fact to the State Government. He shall also keep the State Government informed of all developments in the Supreme Court, in the cases which present unusual features. In all cases, however, he shall communicate the result of the appeal or application for special leave to appeal, to the Government by electronic means 1294 HARYANA GOVT. GAZ. (EXTRA.), DEC. 30, 2022 (PAUS. 9, 1944 SAKA) which shall be acknowledged by electronic means. The execution of the sentence of death shall not be carried out until the receipt of the certified copy of the judgment of the Supreme Court dismissing the appeal or the application for special leave to appeal and until an intimation has been received from the Ministry of Home Affairs about the rejection by the President of India, of the petition for mercy submitted, if any, by or on behalf of the convict. (6) There shall be no postponement of the execution of sentence, if no appeal or petition has been preferred before the Supreme Court, except in cases where a mercy petition has been preferred by or on behalf of the convict. Mercy petition. 378. (1) Immediately on receipt of intimation of the dismissal by the Supreme Court of the appeal or the application for special leave to appeal to it lodged by or on behalf of the convict, if the convict concerned has made no previous petition for mercy, the Superintendent shall forthwith inform the convict that if he desires to submit a petition for mercy it shall be submitted in writing within seven working days of the date of such intimation and the period of seven days allowed for the preparation and submission of such petition, shall be calculated exclusive of the day on which the Superintendent informs the convict of his right herein. In case a convict does not wish to file a mercy petition, he shall give a declaration of the same in writing which shall be attested by the Member Secretary, District Legal Services Authority, and the Superintendent. NOTE.- In cases where no appeal to the Supreme Court or no application for special leave to it, has been lodged by or on behalf of the convict, on expiry of the statutory period prescribed for such appeal or application, if the convict has made no previous petition for mercy, the Superintendent shall inform the convict of his right to make such a petition for mercy and also the fact that it is required to be submitted within a period of seven working days counted from the date next after the date on which the time allowed for an appeal to the Supreme Court or for lodging an application for special leave to appeal to it, expired. (2) If the convict submits a petition within the stipulated period prescribed under sub-rule (1), it shall be addressed to the Governor of the State and the President of India. The Superintendent shall forthwith dispatch it to the Secretary to the State Government in the Department concerned, together with a covering letter reporting the date fixed for the execution, and shall certify that the execution has been stayed pending receipt of the orders of the Government on the petition. If no reply is received within fifteen days from the date of the dispatch of the petition, the Superintendent shall draw attention to the fact through electronic communication or special messenger to the Secretary to the State Government in the Department concerned, but he shall in no case execute the sentence before the receipt of the State Government's reply. (3) If the convict submits a petition after the period prescribed by sub-rule (1), the Superintendent shall at once forward it to the State Government by electronic means and at the same time convey the substance of it, requesting orders whether the execution shall be postponed and stating that, pending a reply, the sentence will not be carried out. If such petition is received by the Superintendent later than noon on the day preceding that fixed for the execution, he shall at once forward it to the State Government by electronic means informing the substance of it, giving the date of execution, and stating that the sentence will be carried out unless orders to the contrary are received. Action by Government.