Nirbhaya convicts have to be executed together: HC
   Date :06-Feb-2020

Nirbhaya convicts have to
 
 
NEW DELHI :
 
HC directs convicts to exhaust within seven days all the remedies available to them after which the authorities should act as per law 
 
THE Delhi High Court on Wednesday said that all the four convicts in the Nirbhaya gangrape and murder case have to be executed together, not separately, and dismissed the Centre’s plea against the trial court’s order staying the execution of their death sentence. The High Court also faulted the authorities concerned for not taking steps for issuance of death warrant after the rejection of appeals of the accused by the Supreme Court in 2017.
 
The Delhi Government had sought warrants for execution of death sentence to the four convicts on December 18, 2019. Justice Suresh Kumar Kait directed the convicts to exhaust within seven days all the remedies available to them after which the authorities should act as per law. The High Court however said: “It cannot be disputed that the convicts have frustrated the process by using delaying tactics.” The Centre and the Delhi Government had challenged the trial court’s January 31 order staying “till further orders” the execution of all the four convicts in (Contd from page 1) the case -- Mukesh Kumar Singh (32), Pawan Gupta (25), Vinay Kumar Sharma (26) and Akshay Kumar (31), who are lodged in Tihar Jail.
 
The parents of the victim had urged the court to expeditiously decide the Centre’s plea and were assured by the judge that the order would be passed at the earliest. The trial court had on January 7 issued black warrants for the execution of all the four convicts in Tihar jail at 7 am on January 22. However, they could not be hanged due to pendency of mercy petition of one of them. On January 17, the trial court fixed February 1, 6 AM as the hanging date and time. On January 31, the trial court again stayed the execution as the counsel for three convicts -- Pawan, Vinay and Akshay -- urged it to adjourn the matter “sine die” saying their legal remedies were yet to be exhausted. While the mercy pleas of Mukesh and Vinay have been rejected by the President, Pawan has not yet filed it. Akshay’s mercy plea was filed on February 1 and is pending.
 
The Centre and Delhi Government approached the High Court on February 1, challenging the trial court’s order staying the execution. Solicitor General Tushar Mehta, representing them, had contended that it was a deliberate and calculated design of the convicts to “frustrate mandate of law” by getting their execution delayed and they were not entitled to any more time. The counsel for the convicts opposed the plea saying it was not maintainable and that the Centre was never a party in the case proceedings before the trial court and while the Government was accusing the convict of delay, it has woken up only now. Will be happy only when convicts are hanged: Nirbhaya’s mother: NIRBHAYA’S mother Asha Devi on Wednesday said she will be happy only on the day when convicts in the 2012 gangrape and murder case are hanged, shortly after the Delhi High Court gave a week’s time to the four for exhaustion of all legal remedies. “I am satisfied but I will be happy only on the day when the convicts will be hanged.
 
The court has given them a week’s time, we will wait till then. This was the Government’s appeal and the government will think over it how early could they be hanged,” she said. A 23-year-old paramedic student, referred to as Nirbhaya, was raped and brutally assaulted on the intervening night of December 16 and 17, 2012 inside a moving bus in South Delhi by six men before being thrown out on the road. On Wednesday, the High Court said all the four convicts have to be executed together, not separately, and dismissed the Centre’s plea against the trial court’s order staying the execution of their death sentence. It also faulted the authorities concerned for not taking steps for issuance of death warrant after the rejection of appeals of the accused by the Supreme Court in 2017. Justice Suresh Kumar Kait directed the convicts to exhaust within seven days all the remedies available to them after which the authorities should act as per law. The High Court, however, said, “It cannot be disputed that the convicts have frustrated the process by using delaying tactics.”
 
President rejects mercy plea of another convict
 
NEW DELHI :
 
PRESIDENT Ram Nath Kovind has rejected the mercy petition of Akshay Kumar Singh, one of the four men facing the gallows in the 2012 Nirbhaya gangrape and murder case, Home Ministry officials said on Wednesday. Singh filed the mercy petition before the president a few days ago. The President has rejected Singh’s mercy plea, an official said.
 
Centre, Delhi Govt move SC
 
NEW DELHI :
 
THE Centre and the Delhi Government moved the Supreme Court on Wednesday challenging the rejection of their plea by the Delhi High Court against the trial court order staying the execution of four death-row convicts in the Nirbhaya gangrape and murder case. Hours after the High Court’s verdict, the Centre and the Delhi Govt filed an appeal against it in the apex court.