Nirbhaya Case: Delhi Court Defers Hanging Of Four Death Row Convicts Till Further Order
Nirbhaya’s parents Asha Devi and BN Singh light candles at a memorial at Jantar Mantar in New Delhi. (File Photo: PTI)

Nirbhaya Case: Delhi Court Defers Hanging Of Four Death Row Convicts Till Further Order

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A Delhi court Monday deferred till further order the hanging of four death row convicts in the 2012 Nirbhaya gang rape and murder convict.

Hanging of the four convicts was scheduled for Tuesday at 6 a.m.

Additional Sessions Judge Dharmender Rana said the death sentence cannot be executed pending disposal of mercy petition of convict Pawan Kumar Gupta.

Additional Sessions Judge Dharmender Rana said the death sentence cannot be executed pending disposal of mercy petition of convict Pawan Gupta.

Despite stiff resistance from the victim’s side, I’m of the opinion that any condemned convict must not meet his Creator with a grievance in his bosom that the courts of the country have not acted fairly in granting him an opportunity to exhaust his legal remedies.
Additional Sessions Judge Dharmender Rana

"As a cumulative effect of the discussion, I am of the opinion that the death sentence cannot be executed pending the disposal of the mercy petition of the convict. It is hereby directed that the execution of death warrants against all the convicts, scheduled for March 3 at 6 a.m., is deferred till further orders," the judge added.

The court passed the order on Pawan's plea seeking to stay the execution as he has filed a mercy petition before the President on Monday.

While it was reserving the order on Pawan's fresh plea to stay the death warrant for Tuesday morning, the court rapped the convict's lawyer for acting so late in filing the curative and mercy pleas. Pawan's curative plea was rejected by the Supreme Court earlier in the day.

The trial court had earlier in the day dismissed Pawan's and co-accused Akshay Kumar Singh's applications for staying their death warrants.

However, Pawan's lawyer, AP Singh, said he has filed a mercy plea and execution ought to be stayed. The court, thereafter, asked him to come post-lunch to argue his case.

In the post-lunch hearing, the court pulled up Singh saying, "You are playing with fire, you should be cautious" and added "one wrong move by anybody, and you know the consequences".

Tihar authorities, during the hearing, said the ball is in the government's court after the filing of the mercy petition, and the judge has no role for now.

They said the President will seek a status report from the jail on Pawan's mercy plea and when that happens, it will suo motu stay the execution.

The court had on Feb.17 ordered that the four convicts -- Mukesh Kumar Singh, Pawan Gupta, Vinay Kumar Sharma and Akshay Kumar Singh-- be hanged on March 3 after it issued fresh death warrants, observing that deferring the execution any further would be "sacrilegious" to the rights of the victim for expeditious justice.

It had directed that the four men be hanged by neck on March 3 at 6 a.m. until they are dead. This was for the third time that the death warrants were issued by the court against them.

The court had noted that death warrants were earlier issued on Jan. 7 and the execution was later deferred twice -- on Jan. 17 and Jan. 31.

"Now deferring it any further would be sacrilegious to the rights of the victim for expeditious justice," it had said.

The first date of execution, Jan. 22, was postponed to Feb. 1 by a Jan. 17 court order. Then, the trial court on Jan. 31, stayed, "till further orders" the execution of the four convicts as they had not exhausted all their legal remedies.

The court was hearing the applications by Nirbhaya's parents and the Delhi government, seeking fresh death warrants for the convicts after the Supreme Court granted liberty to the authorities to approach the trial court for issuance of fresh date for the execution of these convicts.

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

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