SC to hear Centre’s plea challenging HC order in Nirbhaya gangrape case
   Date :07-Feb-2020

SC to hear Centres plea c
 
 
NEW DELHI :
 
THE Supreme Court on Thursday said that it will on Friday hear Centre and the Delhi Government’s appeal challenging the High Court’s order that said all four convicts must be hanged together, and not separately. In its appeal, the Centre said the question is whether a convict who has exhausted all his remedies can still frustrate the mandate of law merely because the mercy petition of one of the co-convicts is pending before the President and another co-convict has not even filed the mercy petition. 
 
Court seeks convicts’ response over plea on fresh death warrants
 
NEW DELHI :
 
A DELHI court on Thursday sought by on Friday the response of the four death row convicts in the Nirbhaya gang rape and murder case on the plea of Tihar jail authorities seeking issuance of fresh death warrants against them. Additional Sessions Judge Dharmendra Rana directed the convicts to file their response by Friday on the application moved by Tihar Jail authorities.
 
The trial court had on January 31 stayed “till further orders” execution of the four convicts in the case -- Mukesh Kumar Singh (32), Pawan Gupta (25), Vinay Kumar Sharma (26) and Akshay Kumar (31), who are lodged in Tihar Jail. In its application, the states said the President has already dismissed the mercy petitions of three convicts and that no application by any of the four is currently pending before any court. Pawan has not yet filed a curative petition -- the last and final legal remedy available to a person which is decided in-chamber. Pawan also has the option of filing a mercy plea.
 
The authorities also informed the court about Delhi High Court’s February 5 order which directed the convicts to take steps within a week, if they wished, to avail any remedy available under the law. “It is, therefore, most respectfully prayed that, keeping in view a week’s time given to the convicts by high court, the fresh dates for execution of death warrants...May kindly be fixed specifying the date and time for execution/ hanging of convicts Pawan Gupta, Vinay Sharma, Mukesh and Akshay in the interest of justice,” the application said.
 
The warrants, issued by the trial court on January 7, was later postponed “sine die” by it on January 31, giving the condemned prisoners a reprieve for the second time in two weeks. The date of execution, first fixed for January 22 in Tihar jail, was later postponed for 6 am on February 1 by a January 17 court order.