(PER : HONOURABLE MR.JUSTICE KS JHAVERI) On 8.3.2010 earlier Bench of the Court has passed the following order:
A copy of the order is placed on record to show that SLP preferred by convict Anwarbaig Amirbaig Mirza @ Anwar Aziz Mirza has been admitted and the appeal is to be heard on the basis of SLP paper-book. This order was passed by the Apex Court on 20.11.2009.
2. The capital punishment is awarded to Anwarbaig on the basis of his previous conviction in light of provisions contained in Section 31-A of the NDPS Act. When that previous conviction is under consideration of the Apex court, it would not be proper to proceed with this matter unless the appeal is finally decided one way or the other because it would be a very relevant consideration. Segregating the cases of other convicts also would not be proper for the reason that all the appeals arise out of the same judgment and order. In this set of circumstances, we are unable to proceed with either the confirmation case or the criminal appeals and we adjourn the same.
3. The appeals and the confirmation case will be listed by the Registry either upon receiving a writ from the Apex Court finally deciding the SLP preferred by Anwarbaig Amirbaig Mirza bearing SLP (Crl) No.3073 of 2009 or in the appeal that may be registered pursuant to the said order or upon any of the parties filing such order.
4. The above arrangement is made by consensus.
In view of above, office is directed to verify whether SLP (Crl.) No. 3073 of 2009 is pending before the Hon ble Supreme Court or not. If the said SLP is disposed of then the Criminal Appeal may be placed on the Board. Otherwise, only after disposal of the said SLP, the Criminal Appeal may be placed on the Board. This application stands disposed of. A copy of this order may be sent to the accused in jail.
(K.S. JHAVERI, J.) (K.J.THAKER, J) (pkn) Page 2 of 2