GUWAHATI, Sept 8 � A division Bench of the Gauhati High Court, comprising Justice IA Ansari and Justice Hareswar Barua, today dismissed a writ petition (criminal) No. 17/11 filed by Kusumbala Tarun Das against the execution of the death sentence of her son Mahendra Nath Das who was convicted and sentenced to death by the Sessions Judge, Kamrup under Section 302 IPC on 18.8.96 and which was subsequently upheld by the High Court and the Supreme Court.
The writ petition was filed stating that by a judgement and order dated 18.8.96 the Sessions Judge, Kamrup convicted Mahendra Nath Das and sentenced him death in Session Case No. 114 (K)/96 u/s 302 IPC. Subsequently, the Gauhati High Court on 3.2.98 confirmed the said death sentence. Thereafter, the case moved to Supreme Court, which on 14.5.99 upheld the death sentence of Mahendra Nath Das. The convict, Mahendra Nath Das preferred mercy petition on 4.6.99 before the President of India and thereafter, on 14.10.05 and 18.12.06, representations were also filed before the President of India to pardon him from death sentence. In the writ petition, it was also contended that after 11 years, on 27.5.11, the convict was informed that his mercy petition was rejected by the President of India.
The High Court, earlier by an order on June 7, granted interim stay of the execution of death sentence of Mahendra Nath Das. The court heard the matter at length and also perused the materials on record and today pronounced the judgement and dismissed the prayer of the writ petitioner holding interalia that the writ petition is not maintainable and accordingly, the interim order passed earlier has been vacated. After today�s judgement, there is no legal hurdle for execution of the death sentence of Mahendra Nath Das.
