Published 13:27 IST, January 31st 2020
Nirbhaya Case: 'Four convicts can be hanged separately,' Tihar jail tells Delhi court
Additional Sessions Judge Dharmender Rana is hearing the convicts' plea seeking a stay on the execution on Friday, which is scheduled for February 1.
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Tihar jail authorities on Friday told Delhi Court that the convicts in the horrific Nirbhaya rape and murder case can be hanged separately. Additional Sessions Judge Dharmender Rana is hearing the convicts' plea seeking a stay on the execution on Friday, which is scheduled for February 1. Public prosecutor Irfan Ahmad, representing Tihar Jail authorities, submitted a status report in the matter and said that the convicts in the matter can be hanged separately and that there is no illegality in it.
The public prosecutor said that the mercy petition of one of the four convicts, Vinay Sharma is pending, further adding that the other remaining three have no pending plea in any legal forum and can be executed on the scheduled date. The review petitions of three convicts--Mukesh, Vinay and Pawan was dismissed on July 9, 2018. While the curative petition on behalf of Akshay, Vinay and Mukesh was dismissed. Appearing for three convicts Pawan, Vinay and Akshay, Advocate AP Singh told the Court on Firday that while Vinay's mercy is pending, review of the order on Pawan's juvenility is also pending before Supreme Court. Convict Mukesh Singh has exhausted all the legal remedies available, Tihar jail informed the court.
Advocate AP Singh, appearing on behalf of the convicts, sought sine die adjournment and stated that some legal remedies are still available for the convicts. Advocate Vrinda Grover, appearing as Amicus Curiae for convict Mukesh, pressed for a stay on execution saying, "There cannot be a severance of execution order. The death penalty is an irreversible process. It would be a travesty of justice if convicts are segregated in terms of sentence for the very same offence." An "amicus curiae" is someone who is not a party to a case and assists a court by offering information, expertise or insight into matters that have a bearing on the issues of the case.
Convicts seek stay on execution
A Patiala House court on Thursday issued a notice to Tihar jail authorities seeking a response on the petition filed by the convicts in the Nirbhaya rape case, seeking a stay on execution. Four convicts in the matter -- Akshay Thakur, Mukesh Singh, Pawan Gupta, and Vinay Kumar Sharma -- are scheduled to be hanged on February 1.
Two days ahead of the execution date of the Nirbhaya rape convicts, Jallad (executioner) Pawan Kumar has reported to Tihar Jail on Thursday, according to ANI. Kumar who is the hangman from Uttar Pradesh's Meerut had been called by Tihar jail officials to perform the execution. He is currently being shown Tihar Jail No. 3 - execution venue and is set to perform dummy execution on Friday - the first by an executioner. The case pertains to the gang-rape and brutalising of a 23-year-old paramedical student in a moving bus on the night of December 16, 2012, by six people including a juvenile in Delhi. The woman had died at a Singapore hospital a few days later.
Updated 13:27 IST, January 31st 2020