Nirbhaya case:
The hearing on the early death warrants for the four convicts in the Nirbhaya case has been adjourned till January 7 on Wednesday. The Delhi Court directed Tihar Jail authorities to issue a fresh notice for one week to convicts (2012 Delhi gangrape case) as to whether they want to file mercy petitions. A Bench headed by Chief Justice SA Bobse asked Centre through Home Secretary, all the states and UTs through Chief Secretaries, to file their responses and posts the matter for hearing on February 7, 2020.
Public prosecutor argued in Delhi Court that pendency of mercy petitions or fact that convicts want to file mercy petitions does not preclude court from issuing death warrant. The lawyer representing Nirbhaya's parents said, "I request this court to fix a date and time beyond 14 days. If the convicts have any remedy remaining they can approach the necessary authority."
The prosecutor in the case said there is no need for curative petitions and added that death warrant can be issued to Nirbhaya convicts. Special Prosecutor Rajiv Mohan also said that the execution of death sentence is the work of executive. He, therefore, indicated that death warrant can be issued before mercy perition.
"Without warrant the superintendent of the jail will not execute death penalty. The jail Superintendent is required to give 7 days time, of he has already filed Mercy petition, or the jail authority will give 7 days time to move the petition," Mohan said.
Additional Sessions Judge Satish Kumar Arora had on the last date of hearing said that the court is not bound to wait for the legal remedies to be exhausted to pass an order.
The convicts was produced before the court via video conferencing.
The judgement came after the Supreme Court dismissed the plea of one of the four convicts - Akshay Kumar Singh, in Nirbhaya gangrape and murder case seeking review of its 2017 judgement upholding the death penalty. The plea was dismissed by a Bench headed by Justice R Banumathi and comprising Justices Ashok Bhushan and AS Bopanna, which took up the matter this morning after CJI SA Bobde recused himself from hearing the matter yesterday.
Today, Advocate AP Singh, Counsel for Akshay Singh Kumar was allotted thirty minutes for his submissions. Singh, terming the convicts in the case as "vulnerable" and "innocent", said that the Nirbhaya case was marred by pressures from all quarters including political and media.
The submissions of the review petitioner were opposed by Solicitor General Tushar Mehta who said that the petitioners were trying to delay the inevitable by filing various petitions and pleas. Closing his arguments, Mehta said,
"There are some crimes for which humanity cries. On that fateful day, God also must have held his head in shame for two reasons. First for not being able to save the innocent girl and second for having created these five monsters. Please reject review as early as possible so that law can take its own course immediately."
ALSO READ | God would be ashamed of creating such monster: Nirbhaya's mother after SC judgement
ALSO READ | Supreme Court dismisses review plea of rape convict Akshay Kumar Singh
