The Madras High Court through an interim order has kept in abeyance the death warrant issued to Manoharan by the Sessions Judge, Magalir Neethimandram, Coimbatore, for raping a minor and murdering her and her sibling nine years ago.
The petitioner’s counsel had submitted that Manoharan’s sentence attained finality by the dismissal of the review petition filed before the SC on November 7. But even as steps were being taken to file a mercy plea, the death warrant was issued on November 11 seeking to execute the same on December 2, though the death warrant has not even been served on him. The counsel for the petitioner submitted that there is a fundamental right available to the petitioner to seek mercy petition. When such is the position, the same cannot be prevented by issuance of death warrant.
He further submitted that the order copy of the SC in the review petition was received only on November 13 and now, steps are being taken to file mercy petition which would require another six weeks.