Delhi HC reserves judgement on Centre's plea regarding execution of Nirbhaya convicts

18:28 February 02

Delhi HC reserves judgement on Centre's plea regarding Nirbhaya convict's execution

Nirbhaya case: Delhi HC reserves judgement on Centre's plea against stay of execution

The Delhi High Court on Sunday reserved its verdict on the Centre's plea challenging stay on the execution of the four death row convicts in the Nirbhaya gangrape and murder case.

Justice Suresh Kait said it will pass an order after all the parties concluded their arguments.

Solicitor General Tushar Mehta told the high court that there is a "deliberate, calculated and well thought of design" by the Nirbhaya gangrape and murder case convicts to "frustrate" mandate of law by getting their execution delayed.

17:40 February 02

Common sentence, common execution: Convict's counsel

Advocate Rebecca John argues this is composite sentence which is upheld by the High Court and Supreme Court and common sentence and common execution is what the convict's seek. 

Rebecca John who is arguing on behalf of convict Mukesh states that Centre just woke up yesterday. Why did they not move anything earlier? You cannot condemn me for using my legal remedies. Constitution allows me to exercise those options till the last breath of my life.
 

17:40 February 02

Justice hurried is justice buried: Nirbhaya convict's lawyer

"There is no prescribed time given to execute the death sentence by the Supreme Court and Constitution," Advocate AP Singh appearing for the Nirbhaya convicts said. 

Singh said that convicts belong to poor, rural and Dalit families and cannot be made to bear brunt of ambiguity in the law
 

17:20 February 02

The convicts are exploiting the process of law: Centre to SC

Solicitor General Tushar Mehta while giving his submission in the court said, "There was a deliberate delay on part of the convict and prompt response on part of the institution".
There cannot be any delay in the interest of justice, death sentence cannot be delayed. In the interest of the convict, any delay in death sentence will have a dehumanising effect on the accused.

He further stated that once SC decides the fate of all convicts in finality, there is nothing barring them from being hanged separately. Last legal remedy which can postpone the hanging, as per the Prison Rules, is the Special Leave Petitions before the SC.

"Delhi Prison Rules say that in case of co-convicts, convicts have to be hanged together only if an “appeal or application” is pending. This “appeal or application” doesn't include mercy petitions. They are separate & cannot be included in this," he submitted.

The Centre further stressed that the law requires a 14 days notice period to be given to the convicts to take care of their affairs before they are hanged. In this case, on13th day, a convict will file some plea&then ask for a warrant to be stayed against all.

"Mercy jurisdiction is always a personal jurisdiction. The President may show mercy towards a convict because of his circumstances. How will that be applicable to other convicts?" Mehta questioned.

"Credibility of the institution and its own power to execute death sentence is at stake. People celebrated after the encounter of rape accused in Telangana. It was not the celebration of the police, it was the celebration of justice," he further said. 

17:01 February 02

Delhi HC reserves judgement on Centre's plea regarding execution of Nirbhaya convicts

New Delhi: The Delhi High Court on Sunday commenced hearing on Centre's plea challenging stay on the execution of four death row convicts in the Nirbhaya gangrape and murder case. The proceedings are currently underway before Justice Suresh Kait, Solicitor General Tushar Mehta is advancing arguments for the Centre.

The court yesterday heard the petition filed by the Central government and Tihar Jail authorities challenging the trial court's order which had stayed the execution of the four convicts in the Nirbhaya gang-rape and murder case.

Read: Nirbhaya: Centre seeks dismissal of convict's plea; SC reserves its judgment

"The four convicts by filing their respective review petition or curative petition or mercy petitions, one after the other and that too at such a belated stage, that is after the issuance of the death warrants, are in fact being permitted to play with the majesty of law leading to unnecessarily prolonging the execution and thereby taking the judicial process for a ride," the plea said.

It said that the convicts have deliberately chosen to file their review, curative and mercy petitions beyond the statutory period available to them with the sole objective to delay the execution of the death warrant.

The case pertains to the gang-rape and brutal murder 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.