Counsel Tripurari Ray said that carrying out the death sentence of Arif after he has already completed 13 years four month would be violative of the constitution.
The apex court bench of Chief Justice R.M. Lodha, Justice Madan B. Lokur and Justice Kurian Joseph referred the matter to a constitution bench.
The court said that matter be heard early.
As Chief Justice Lodha said that by an earlier pronouncement of the apex court, the law on delay in execution has already been laid, Roy told the court Arif has not filed any mercy petition.
Arif was arrested Dec 25, 2000. He was convicted by the trial court Oct 24, 2005, and awarded death sentence Oct 31, 2005.
His death sentence was confirmed by the Delhi High Court Sep 13, 2007.
The apex court dismissed his appeal Aug 10, 2011, and his review petition was dismissed Aug 28, 2011.