Nirbhaya case: Delhi HC rejects convicts' plea challenging their imminent execution

Upholding the Patiala House Court's order refusing to stay execution of the four convicts, the Delhi High Court on Thursday, dismissed the plea of the convicts challenging the execution. Justice Manmohan told the convicts' lawyer to understand his case was closing finality and that his clients will soon meet God. The four Nirbhaya rapists had sought a stay in execution, but the Patiala House Court had rejected after which they moved the Delhi High Court. All four convicts are scheduled to be hanged on March 20 at 5:30 AM in Tihar jail No. 3.

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Delhi HC dismisses plea

While arguing the case for the convicts- their counsel A P Singh claimed that several petitions were pending before various government bodies - one petition is pending before the NHRC, one mercy petition is pending with the president, one divorce petition pending in a Bihar court, one petition pending before the HC, one petition against the CEC also pending before the HC. In response, both the Delhi government counsel- Rahul Mehra and Justice Manmohan maintained that those were irrelevant cases. The court said that any issues arising out of the ADJ’s order should directly go to the Supreme Court.

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Nirbhaya court proceedings

The mercy petitions and curative petitions of all four convicts -Mukesh Singh, Vinay Sharma, and Akshay Kumar and Pawan Gupta have already been dismissed by the President and Supreme Court respectively. The Patiala House Court had ordered that the convicts be hanged on March 20 at 5:30 AM after issuing fresh death warrants which is the fourth such date after the previous three dates- January 17, January 31 and March 3 were deferred by petitions filed by the convicts. The convicts are still employing several delay tactics - petitioning for review of the rejection of mercy amid new plea, action against former advocate for the restoration of his legal remedies, stay on execution, criminal conspiracy, moving the International Court of Justice etc.

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What is the Nirbhaya case? 

A 23-year-old paramedic student Nirbhaya was gang-raped inside a running bus by six persons on December 16, 2012, in Delhi. The victim was severely assaulted and thrown out on the road along with her male friend and succumbed to injuries a few days later. Out of the six convicts, one reportedly committed suicide in prison, while another, a juvenile, served maximum punishment of three years in a reform home and was set free in 2015. The remaining four rapists were convicted and handed the death penalty by a trial court in 2013, confirmed by the Delhi High Court in March 2014. The Supreme Court upheld the Delhi High Court's verdict in 2017.