New Delhi: A Delhi court refused to put on hold, yet again, the execution of the four Nirbhaya case convicts. All the four are to be hanged at 6.00am Tuesday for one of the most unspeakable crimes in recent years.
The Patiala House Court here dismissed an application to stay the execution of Akshay Thakur, 31, Pawan Gupta, 25, and Mukesh Singh, 32, and Vinay Sharma, 26, who have staggered multiple petitions challenging their death sentence.
Pawan’s curative petition was rejected earlier Tuesday by the Supreme Court, which marked the end of all legal options before the convicts. Pawan promptly filed a mercy petition with President Ram Nath Kovind; even if it is rejected Tuesday, the law says the convict can be hanged only after 14 days.
Pawan also moved a fresh application before the lower court, asking to stop Tuesday’s execution on grounds that his mercy plea before the President is pending.
“They have wasted the court’s time and tried to subvert the system. Now finally they will be hanged tomorrow (Wednesday,” said Nirbhaya’s mother, who had questioned whether the law gave convicts too many legal remedies to exploit. “I am very happy. The way they were trying to manipulate law, that ends now,” said the lawyer representing Nirbhaya.
Little does Nirbhaya’s mother know that with Pawan’s mercy plea pending before President Ram Nath Kovind there is every possibility that the execution of the convicts may again be delayed.
The convicts through various legal remedies had managed to stall their executions twice – January 22 and February 1. Finally the Delhi High Court ordered February 5 that all the four would have a week to exhaust all their legal remedies, including mercy petitions to the President, and said they cannot be hanged separately.
Banking on this order and Pawan’s fresh mercy plea before the President, there is every possibility that the convicts will be able to get themselves a few extra days.
Meanwhile the court will shortly pronounce order regarding Pawan’s plea to stay execution as he filed a mercy petition before the President.
Additional Session Judge Dharmender Rana, while reserving judgement on Pawan’s fresh plea to stay the death warrant for Tuesday morning, rapped the convict’s lawyer for acting so late in filing the curative and mercy pleas.
In the post-lunch hearing, the court pulled up Singh and said, “You are playing with fire, you should be cautious” and added “one wrong move by anybody, and you know the consequences.”
Tihar authorities, during the hearing, said the ball is in the government’s court, after filing of the mercy petition, and the judge has no role for now.
They said the President will seek a status report from the jail on Pawan’s mercy plea and when that happens, it will suo motu stay the execution.
Agencies