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Nirbhaya case: No execution of convicts till further orders

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Published : Jan 31, 2020, 9:09 AM IST

Updated : Jan 31, 2020, 6:22 PM IST

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18:06 January 31

Hopes dashed but will fight till convicts are hanged: Nirbhaya's mother

Nirbhaya's mother on Friday said that she will continue her fight till the convicts in the 2012 gangrape and murder case are hanged, shortly after a Delhi court postponed the execution of death warrants till further order.

She told media that her "hopes are dashed" but she will continue her fight till the convicts are hanged.

17:37 January 31

Nirbhaya case: No execution of convicts till further orders

No execution of convicts till further orders

A Delhi court on Friday postponed the execution of death warrants of the four convicts in the Nirbhaya gang rape and murder case till further order.

Additional Sessions Judge Dharmender Rana passed the order on the plea by the convicts seeking a stay on their execution on Saturday, February 1st. The court had reserved its order in the pre-lunch session.

The court did not agree with the Tihar jail authorities which had challenged the application of three condemned prisoners in the case seeking a stay on their execution.

The black warrants for the execution of the death sentence against Pawan Gupta, Vinay Kumar Sharma, Akshay Kumar, and Mukesh Kumar Singh, were issued on January 17th.

The convicts' lawyer argued that rules dictate that when one convict's plea is pending the others cannot be hanged.

 Advocate A P Singh, representing the convicts -- Pawan, Vinay, and Akshay -- urged the court to adjourn the executions "sine die" (with no appointed date for resumption). 

Vinay's mercy plea before the president is pending.

Mukesh's mercy plea was dismissed by President Ram Nath Kovind on January 17th. The appeal against the rejection was thrown out by the Supreme Court on Wednesday.

The trial court on January 17th issued black warrants for the second time for the execution of all the four convicts in the case in Tihar jail at 6 am on February 1st. Earlier, on January 7th, the court had fixed January 22nd as the hanging date.

The curative petitions of Vinay and Akshay have been rejected by the apex court. Pawan is the only one yet not to file a curative plea.

Convicts have the option of moving a mercy petition before the president only after the apex court dismisses their curative plea.

Earlier in the day, the apex court dismissed Pawan's plea seeking review of the decision by which his application claiming to be a juvenile at the time of the commission of the offence was rejected.

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

16:59 January 31

Nirbhaya case: SC dismisses Pawan's plea seeking review of order rejecting juvenility claim

SC dismisses Pawan's plea

The Supreme Court on Friday dismissed the plea filed by one of the four death row convicts in the Nirbhaya gang-rape and murder case, Pawan Gupta, seeking review of its order rejecting his juvenility claim.

The review plea filed earlier in the day was taken up for consideration in-chamber by a bench comprising Justices R Banumathi, Ashok Bhushan and A S Bopanna, which dismissed it.

Pawan, through his counsel A P Singh, had moved the apex court seeking review of its January 20th verdict rejecting his plea in which he had claimed to be a juvenile at the time of commission of the offence.

While dismissing his appeal on January 20th, the top court had said that there was no ground to interfere with the Delhi High Court order that rejected Pawan's similar plea.

The apex court had said that the convict's claim was rightly rejected by the trial court as also the high court.

It had said that the matter was raised earlier in the review plea before the apex court which rejected claim of juvenility taken by Pawan and another convict Vinay Kumar Sharma and that order has attained finality.

Pawan's counsel had earlier argued that as per his school leaving certificate, he was a minor at the time of the offence.

Solicitor General Tushar Mehta, appearing for the Delhi Police, had said that Pawan's claim of juvenility was considered at each and every judicial forum and it will be a travesty of justice if the convict is allowed to raise the claim of juvenility repeatedly and at this point of time.

The trial court on January 17th issued black warrants for the second time for the execution of all the four convicts in the case -- Mukesh Kumar Singh (32), Pawan (25), Vinay (26) and Akshay (31) -- in Tihar jail at 6 am on February 1st. Earlier, on January 7th, the court had fixed January 22nd as the hanging date.

As of now, only Mukesh has exhausted all his legal remedies including the clemency plea which was dismissed by President Ram Nath Kovind on January 17th and the appeal against the rejection was thrown out by the Supreme Court on January 29th.

Convict Akshay's curative petition was dismissed by the top court on January 30th. Another death row convict Vinay moved mercy plea before President on January 29th, which is pending.

A trial court is scheduled to pronounce its order during the day on an application of three death row convicts in the case seeking a stay on their execution on February 1st.

The counsel for Akshay, Vinay and Pawan has approached the trial court seeking stay on the execution scheduled on February 1st, saying that the legal remedies of some of the convicts are yet to be availed.

A 23-year-old paramedic student, referred to as Nirbhaya, was gang-raped and brutally assaulted on the intervening night of December 16-17, 2012, in a moving bus in south Delhi by six people before she was thrown out on the road. 

One of the six accused in the case, Ram Singh, allegedly committed suicide in Tihar Jail in 2013.

A juvenile, who was among the accused, was convicted by a juvenile justice board and was released from a reformation home after serving a three-year term.

13:30 January 31

Court reserves order

The Court has reserved its order on the convicts' plea seeking a stay on the execution. The court will pass the order later today.

Additional Sessions Judge Dharmender Rana reserved the order after completion of hearing of arguments of the Tihar jail authorities and the convicts' lawyer.

12:13 January 31

Convicts' lawyer urges court to adjourn matter 'sine die'

Convicts' lawyer AP Singh urged the court to adjourn the matter "sine die" (with no appointed date for resumption). 

When one convict's plea is pending, rules dictate that others cannot be hanged, he told the court.

12:04 January 31

Only one convict's mercy plea pending, others can be hanged: Tihar authorities

Public Prosecutor Irfan Ahmed representing Tihar Jail said that only one convict's (Vinay Sharma) mercy plea is pending and that others can be hanged. He added that there is no illegality in it.

11:43 January 31

Tihar jail authorities challenge maintainability of convicts' plea

Tihar jail authorities on Friday challenged the maintainability of the application filed by three death row convicts in the Nirbhaya gang-rape and murder case, seeking stay of their execution on February 1. 

Public Prosecutor Irfan Ahmed representing Tihar Jail opposed the plea saying it is not maintainable.

07:34 January 31

Nirbhaya case: No execution of convicts till further orders

New Delhi: The Patiala House Court will on Friday hear a plea by two of the Nirbhaya gang-rape and murder convicts, seeking a stay on their execution scheduled for February 1.

The convicts' plea was moved in the Delhi court to adjourn the execution "sine die" saying the few of the convicts are yet to avail their remaining legal remedies even as the Supreme Court dismissed the third curative petition.

"According to the Delhi Prison Rules, none of those convicted can be hanged until all of them have exhausted all legal options including the mercy petition," said the convicts' lawyer AP Singh in the plea.

Responding to the petition filed by Singh, public prosecutor Irfan Ahmad told the court that this is "clearly a mockery of justice". "Convicts' lawyers are taking too much time to use their legal remedies," he said.

Read: President, SC judges are not gods, can make mistakes: Nirbhaya convicts' lawyer

The matter will be heard by Additional Sessions Judge AK Jain today at 2 pm. The court on Thursday issued a notice to the Tihar jail authorities seeking its response on a petition filed by the convicts and asked the prison officials to submit a status report before 10 am today.

The four convicts in the matter -- Akshay Thakur, Mukesh Singh, Pawan Gupta, and Vinay Kumar Sharma -- are scheduled to be hanged on February 1.

Of the four convicts, Mukesh Kumar Singh has exhausted all his legal remedies, including the clemency plea which was dismissed by President Ram Nath Kovind on January 17 and the appeal against the rejection was thrown out by the apex court on Wednesday.

Convict Vinay Kumar Sharma had on January 29 filed a mercy plea before the President and the apex court yesterday rejected the curative petition of Akshay Kumar Singh, who is likely to file a clemency plea soon.

Read: Nirbhaya case: Another death row convict Vinay moves mercy plea before President

Pawan Gupta is yet to file a curative petition in the top court.

According to Delhi Prison Rules, none of the four convicts in the same case can be hanged before the last one has exhausted all legal options including the mercy plea.

The apex court guidelines also stipulate that convicts cannot be hanged until 14 days after their mercy plea has been rejected by the President.

The trial court on January 17 had issued black warrants for the second time for execution of all the four convicts in Tihar jail at 6 am on February 1.

The court had earlier on January 7 fixed January 22 as the hanging date.

The 23-year-old physiotherapy intern, who came to be known as 'Nirbhaya', the fearless one, was gang-raped and savagely assaulted on the night of December 16, 2012, in a moving bus in south Delhi. She died of her injuries a fortnight later in a Singapore hospital.

One of the six accused in the case, Ram Singh, allegedly committed suicide in Tihar Jail in 2013.

A juvenile, who was among the accused, was convicted by a juvenile justice board and was released from a reformation home after serving a three-year term.

(With inputs from ANI and PTI)

Read: SC dismisses Nirbhaya convict's curative plea, refuses stay on hanging

18:06 January 31

Hopes dashed but will fight till convicts are hanged: Nirbhaya's mother

Nirbhaya's mother on Friday said that she will continue her fight till the convicts in the 2012 gangrape and murder case are hanged, shortly after a Delhi court postponed the execution of death warrants till further order.

She told media that her "hopes are dashed" but she will continue her fight till the convicts are hanged.

17:37 January 31

Nirbhaya case: No execution of convicts till further orders

No execution of convicts till further orders

A Delhi court on Friday postponed the execution of death warrants of the four convicts in the Nirbhaya gang rape and murder case till further order.

Additional Sessions Judge Dharmender Rana passed the order on the plea by the convicts seeking a stay on their execution on Saturday, February 1st. The court had reserved its order in the pre-lunch session.

The court did not agree with the Tihar jail authorities which had challenged the application of three condemned prisoners in the case seeking a stay on their execution.

The black warrants for the execution of the death sentence against Pawan Gupta, Vinay Kumar Sharma, Akshay Kumar, and Mukesh Kumar Singh, were issued on January 17th.

The convicts' lawyer argued that rules dictate that when one convict's plea is pending the others cannot be hanged.

 Advocate A P Singh, representing the convicts -- Pawan, Vinay, and Akshay -- urged the court to adjourn the executions "sine die" (with no appointed date for resumption). 

Vinay's mercy plea before the president is pending.

Mukesh's mercy plea was dismissed by President Ram Nath Kovind on January 17th. The appeal against the rejection was thrown out by the Supreme Court on Wednesday.

The trial court on January 17th issued black warrants for the second time for the execution of all the four convicts in the case in Tihar jail at 6 am on February 1st. Earlier, on January 7th, the court had fixed January 22nd as the hanging date.

The curative petitions of Vinay and Akshay have been rejected by the apex court. Pawan is the only one yet not to file a curative plea.

Convicts have the option of moving a mercy petition before the president only after the apex court dismisses their curative plea.

Earlier in the day, the apex court dismissed Pawan's plea seeking review of the decision by which his application claiming to be a juvenile at the time of the commission of the offence was rejected.

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

16:59 January 31

Nirbhaya case: SC dismisses Pawan's plea seeking review of order rejecting juvenility claim

SC dismisses Pawan's plea

The Supreme Court on Friday dismissed the plea filed by one of the four death row convicts in the Nirbhaya gang-rape and murder case, Pawan Gupta, seeking review of its order rejecting his juvenility claim.

The review plea filed earlier in the day was taken up for consideration in-chamber by a bench comprising Justices R Banumathi, Ashok Bhushan and A S Bopanna, which dismissed it.

Pawan, through his counsel A P Singh, had moved the apex court seeking review of its January 20th verdict rejecting his plea in which he had claimed to be a juvenile at the time of commission of the offence.

While dismissing his appeal on January 20th, the top court had said that there was no ground to interfere with the Delhi High Court order that rejected Pawan's similar plea.

The apex court had said that the convict's claim was rightly rejected by the trial court as also the high court.

It had said that the matter was raised earlier in the review plea before the apex court which rejected claim of juvenility taken by Pawan and another convict Vinay Kumar Sharma and that order has attained finality.

Pawan's counsel had earlier argued that as per his school leaving certificate, he was a minor at the time of the offence.

Solicitor General Tushar Mehta, appearing for the Delhi Police, had said that Pawan's claim of juvenility was considered at each and every judicial forum and it will be a travesty of justice if the convict is allowed to raise the claim of juvenility repeatedly and at this point of time.

The trial court on January 17th issued black warrants for the second time for the execution of all the four convicts in the case -- Mukesh Kumar Singh (32), Pawan (25), Vinay (26) and Akshay (31) -- in Tihar jail at 6 am on February 1st. Earlier, on January 7th, the court had fixed January 22nd as the hanging date.

As of now, only Mukesh has exhausted all his legal remedies including the clemency plea which was dismissed by President Ram Nath Kovind on January 17th and the appeal against the rejection was thrown out by the Supreme Court on January 29th.

Convict Akshay's curative petition was dismissed by the top court on January 30th. Another death row convict Vinay moved mercy plea before President on January 29th, which is pending.

A trial court is scheduled to pronounce its order during the day on an application of three death row convicts in the case seeking a stay on their execution on February 1st.

The counsel for Akshay, Vinay and Pawan has approached the trial court seeking stay on the execution scheduled on February 1st, saying that the legal remedies of some of the convicts are yet to be availed.

A 23-year-old paramedic student, referred to as Nirbhaya, was gang-raped and brutally assaulted on the intervening night of December 16-17, 2012, in a moving bus in south Delhi by six people before she was thrown out on the road. 

One of the six accused in the case, Ram Singh, allegedly committed suicide in Tihar Jail in 2013.

A juvenile, who was among the accused, was convicted by a juvenile justice board and was released from a reformation home after serving a three-year term.

13:30 January 31

Court reserves order

The Court has reserved its order on the convicts' plea seeking a stay on the execution. The court will pass the order later today.

Additional Sessions Judge Dharmender Rana reserved the order after completion of hearing of arguments of the Tihar jail authorities and the convicts' lawyer.

12:13 January 31

Convicts' lawyer urges court to adjourn matter 'sine die'

Convicts' lawyer AP Singh urged the court to adjourn the matter "sine die" (with no appointed date for resumption). 

When one convict's plea is pending, rules dictate that others cannot be hanged, he told the court.

12:04 January 31

Only one convict's mercy plea pending, others can be hanged: Tihar authorities

Public Prosecutor Irfan Ahmed representing Tihar Jail said that only one convict's (Vinay Sharma) mercy plea is pending and that others can be hanged. He added that there is no illegality in it.

11:43 January 31

Tihar jail authorities challenge maintainability of convicts' plea

Tihar jail authorities on Friday challenged the maintainability of the application filed by three death row convicts in the Nirbhaya gang-rape and murder case, seeking stay of their execution on February 1. 

Public Prosecutor Irfan Ahmed representing Tihar Jail opposed the plea saying it is not maintainable.

07:34 January 31

Nirbhaya case: No execution of convicts till further orders

New Delhi: The Patiala House Court will on Friday hear a plea by two of the Nirbhaya gang-rape and murder convicts, seeking a stay on their execution scheduled for February 1.

The convicts' plea was moved in the Delhi court to adjourn the execution "sine die" saying the few of the convicts are yet to avail their remaining legal remedies even as the Supreme Court dismissed the third curative petition.

"According to the Delhi Prison Rules, none of those convicted can be hanged until all of them have exhausted all legal options including the mercy petition," said the convicts' lawyer AP Singh in the plea.

Responding to the petition filed by Singh, public prosecutor Irfan Ahmad told the court that this is "clearly a mockery of justice". "Convicts' lawyers are taking too much time to use their legal remedies," he said.

Read: President, SC judges are not gods, can make mistakes: Nirbhaya convicts' lawyer

The matter will be heard by Additional Sessions Judge AK Jain today at 2 pm. The court on Thursday issued a notice to the Tihar jail authorities seeking its response on a petition filed by the convicts and asked the prison officials to submit a status report before 10 am today.

The four convicts in the matter -- Akshay Thakur, Mukesh Singh, Pawan Gupta, and Vinay Kumar Sharma -- are scheduled to be hanged on February 1.

Of the four convicts, Mukesh Kumar Singh has exhausted all his legal remedies, including the clemency plea which was dismissed by President Ram Nath Kovind on January 17 and the appeal against the rejection was thrown out by the apex court on Wednesday.

Convict Vinay Kumar Sharma had on January 29 filed a mercy plea before the President and the apex court yesterday rejected the curative petition of Akshay Kumar Singh, who is likely to file a clemency plea soon.

Read: Nirbhaya case: Another death row convict Vinay moves mercy plea before President

Pawan Gupta is yet to file a curative petition in the top court.

According to Delhi Prison Rules, none of the four convicts in the same case can be hanged before the last one has exhausted all legal options including the mercy plea.

The apex court guidelines also stipulate that convicts cannot be hanged until 14 days after their mercy plea has been rejected by the President.

The trial court on January 17 had issued black warrants for the second time for execution of all the four convicts in Tihar jail at 6 am on February 1.

The court had earlier on January 7 fixed January 22 as the hanging date.

The 23-year-old physiotherapy intern, who came to be known as 'Nirbhaya', the fearless one, was gang-raped and savagely assaulted on the night of December 16, 2012, in a moving bus in south Delhi. She died of her injuries a fortnight later in a Singapore hospital.

One of the six accused in the case, Ram Singh, allegedly committed suicide in Tihar Jail in 2013.

A juvenile, who was among the accused, was convicted by a juvenile justice board and was released from a reformation home after serving a three-year term.

(With inputs from ANI and PTI)

Read: SC dismisses Nirbhaya convict's curative plea, refuses stay on hanging

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Last Updated : Jan 31, 2020, 6:22 PM IST
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