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Published 11:08 IST, December 19th 2019

Nirbhaya Case: Mother Asha Devi says, 'no point for Delhi HC to consider Pawan's plea'

Nirbahaya's mother Asha Devi on Thursday said that the Saket Court has already dismissed his Pawan's plea and there was no point for the Delhi HC to consider it

Reported by: Varsha Chavan
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Nirbhaya rape and murder
Nirbhaya rape and murder | Image: self

Ahead of the Delhi High Court's order on Nirbhaya Case Convict plea under Juvenile Justice (Care and Protection of Children) Act, Nirbahaya's mother Asha Devi on Thursday said that the Saket court and Supreme Court has already dismissed his plea and there was no point for the Delhi HC to consider his plea. She also said that the court is making constant delay in giving the convicts death sentence by giving them chances again and again. 

Speaking to the media Asha Devi said, "There is no need for all this, Saket court has already dismissed his plea. The HC and SC have already reviewed his juvenile matter. The court is giving them chances again and again. The juvenile matter was already dismissed by all the courts and I am sure HC will reject this again. We were expecting yesterday only but now cannot say when they will be punished. There is no worst-case like Nirbhaya, but I am sure they will get the death sentence.

READ | Activist Brinda Adige Welcomes SC's Decision To Dismiss Nirbhaya Convict's Plea

Convict Pawan's plea

One of the four convicts facing the gallows in the Nirbhaya gang rape and murder case approached the Delhi High Court on Wednesday claiming that he was a juvenile at the time of the offence in December 2012. The plea filed by convict Pawan Kumar Gupta is listed for hearing on Thursday before Justice Suresh Kumar Kait. Seeking to be declared a juvenile at the time of occurrence of the incident, Pawan alleged that his ossification test was not conducted by the investigating officers and claimed benefit under the Juvenile Justice (Care and Protection of Children) Act.

He said in his plea that the provision of section 7A of JJ Act lays down that a claim of juvenility may be taken before any court and it shall be recognised at any stage, even after final disposal of the case. Pawan, who was awarded death sentence and lodged in Tihar jail, sought that the concerned authority is directed to conduct his ossification test to ascertain his claim of juvenility. Besides Pawan, the other three convicts in the case are Mukesh, Vinay Sharma and Akshay Kumar Singh.

READ | Hollowness Of System Gives Every Right To Criminals: Maliwal On Nirbhaya Case

SC rejects Akshay Kumar Singh’s plea 

On Wednesday, after the Supreme Court rejected Nirbhaya convict Akshay Kumar Singh’s mercy plea the Tihar jail administration issued a notice to him and the other three convicts. The notice stated that the convicts have a seven-day time to file a mercy petition in the court. After all the four mercy petitions filed by the convicts in Nirbhaya case have been rejected by the court, the last option left with them is to file a curative petition. The final plea filed by the fourth convict in the case, Akshay Singh was rejected by SC on Wednesday. Justice R Banumathi while pronouncing the order in a jam-packed courtroom said, “We don't find any merit in the review petition. We dismiss it accordingly."  

READ | Nirbhaya Case: Women Politicians, Activists React To SC Rejecting Convict's Plea

READ | Nirbhaya Rape & Murder: Tihar Issues Notice To Rapists To File Mercy Petition In 7 Days

Updated 12:46 IST, December 19th 2019