The Supreme Court on Friday stayed till October 29 the execution of Surinder Koli, convicted of the Nithari killings, while agreeing to hear his review petition for reconsidering the death penalty.
A three-judge bench led by Justice H L Dattu will take up Koli’s petition on October 28 in open court and his lawyer will be granted a maximum time of 30 minutes to argue.
The bench has also asked his counsel Indira Jaisingh to enlist five points on which she would want to argue the case.
Last Monday, at 1.30 am, a bench of Justices Dattu and Anil R Dave had given Koli a fresh lease of life by staying his execution for a week so as to enable him make a fresh appeal against capital punishment. The order was passed after the bench was informed that Koli may be executed in Meerut jail a few hours later.
The plea was moved at 1 am before the bench by senior advocate Indira Jaisingh, who urged the bench to assemble urgently since the issue pertained to right to life of a person.
In view of a recent Constitution bench judgment, Koli is entitled for an open-court hearing of his review petition. His review petition, along with a plea to stay his execution, was rejected by judges by an in-chamber hearing on July 24.
The trial court had on September 2 issued a death warrant against him, following the rejection of his mercy petition by President Pranab Mukherjee.
Koli, who killed and later axed children in Nithari locality of Noida in Uttar Pradesh, was awarded death sentence by a trial court, which was upheld by the Allahabad High Court. The Supreme Court confirmed it in February 2011 for the murder of a 14-year-old girl in 2005.