Nirbhaya case: Next hearing on Jan 7, time granted to convicts for legal remedies

After the Supreme Court rejected review of its death penalty verdict, the Patiala House Court on Wednesday has adjourned the hearing in the 7-year-old Nirbhaya rape case to January 7. The Court has given one week to the convicts' to file mercy plea and time till January 7 to exercise all their remaining legal remedies. While Nirbhaya's counsel pushed for the immediate issue of a death warrant, the convicts' counsel said that one of the convict Vinay Sharma will file for a mercy petition to the President. As another convict too has stated he will file for mercy petition and curative plea, the judge has stated that 'more than enough time till January 7' has been granted. 

Court adjourns hearing to January 7, one week for mercy plea

"I have full sympathy with you. I know someone has died but there are their rights too. We are here to listen to you but are also bound by the law," said the judge to Nirbhaya's mother who has been awaiting the convicts' hanging.

Supreme Court dismisses review plea of convict in Nirbhaya rape and murder case

SC dismisses review plea

The Supreme Court bench comprising Justices R Banumathi, Ashok Bhushan and AS Bopanna dismissed the review petition of Akshay Singh, one of the convicts in the Nirbhaya rape and murder case. The bench stated that all the aspects of the case had already been dealt with by the trial court, High Court and the SC, saying there was no merit in the plea. While the convict's counsel A P Singh has demanded 3 weeks to file the mercy petition on behalf of Akshay Singh, the Solicitor general Tushar Mehta has stated that they are constitutionally entitled to 1 week time to file for mercy plea.

Abha Singh on Nirbhaya: 'The SC needs to get a time frame for such rape and murder cases'

Court sets hearing date to Dec 18

Earlier on Thursday, the Patiala House Court had summoned all accused in the case to court to court to ascertain the exercise of their legal remedies as their review and curative petitions are pending in the apex court. Due to Akshay Singh's pending review petition the court had set December 18 as the date of hearing the Nibhaya counsel's plea to issue death warrant to the convicts. In his SC review plea, Akshay Singh had put forth farcical and absolutely baseless arguments to consolidate his stand--including 'Satyug', Delhi AQI, and even the wedding of the rapist's sister, even contending Nirbhaya's dying declaration. Meanwhile, another convict Vinay Sharma had initially filed for mercy plea but had withdrawn it saying it was not signed or authorised by him.

Nirbhaya rape case: Court sets Dec 18 hearing date as convict's review plea pending in SC

The Nirbhaya case

A 23-year-old paramedic student Nirbhaya was gang-raped inside a running bus by six persons on December 16 in 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 committed suicide in prison, while another, a juvenile, served maximum punishment of three years in a reform home and was set free in 2015.

Nirbhaya Case: 'Country demands live hanging of culprits,' says Adv Pramila Nesargi

The remaining four rapists were convicted and handed death sentence 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. In July 2018, the SC rejected the review pleas filed by the three convicts for a re-examination of its 2017 judgment. Amid growing demands for the hanging of Nirbhaya rape convicts, Tihar Jail has summoned two hangmen from UP for any scheduled execution.