Nirbhaya Gangrape-Murder Case: Convicts Can Be Hanged Separately, Govt Tells Delhi HC; Court Reserves Order on Plea Challenging Stay on Hanging

New Delhi, February 2: The Delhi High court on Sunday reserved its order on Centre's plea challenging stay on the hanging of all the four convicts in Nirbhaya gangrape and murder case. Solicitor General Tushar Mehta who is representing the Ministry of Home Affairs in the case, argued in the Delhi High Court that all the four convicts in the case are misusing the law by filing separate mercy petitions. Mehta said that there was a deliberate delay on the part of the convict and prompt response on the part of the institution. Nirbhaya Case: Tihar Jail Challenges Stay on Execution of Four Convicts in Delhi High Court.

He further added that if a mercy plea is pending, then delay in execution will only for the person whose mercy plea is pending. Mehta argued The Delhi HC is hearing a Centre’s plea against setting aside of execution of the four convicts in the case. The solicitor general said that justice could not be delayed as it would have a dehumanising effect on the accused.

However, advocate AP Singh appearing for the convicts defended the trial court’s decision to stay the hanging of the four convicts. Singh told the Delhi HC that there is no time limit for the mercy petition prescribed in the law. He also said, “Why only in this case there is a hurry? Justice hurried is justice buried.” Singh opposing government’s plea stated that the convicts belonged to poor, rural and Dalit families and could not be made to bear brunt of ambiguity in the law. Nirbhaya Rape And Murder Case: Delhi Government Rejects Mercy Plea of Convict Mukesh Singh, L-G Forwards Plea to MHA.

Meanwhile, advocate Rebecca John who arguedon behalf of convict Mukesh, said that an affirmative power to separately hang co-convicts is absent in the Delhi Prison Rules. She added, "With the change of circumstances, he (Mukesh) has the right to file mercy petition. High Court can't say, it's over, hang him separately. My rights are protected and that's why I am pressing for a common execution."

On Friday, the trial court stayed the execution of the four convicts until further notice. Four convicts in Nirbhaya Case— Akshay Thakur, Pawan Gupta, Mukesh Singh, and Vinay Kumar Sharma were earlier scheduled to be hanged on Saturday, February 1 as Vinay’smercy petition was still pending with President Ram Nath Kovind. However, the President rejected his mercy petition on Saturday.

During the hearing in the trial court the convicts’ lawyer cited rule 836 of prison manual according to which, in a case where more than one person has been rewarded death penalty, the execution cannot take place till all convicts have exhausted all legal options. Also, as per procedure, the convicts must be served with a 14-day execution notice after their mercy plea is rejected by the President.

On January 7, the Patiala House Court issued a death warrant against the four convicts in the 2012 Nirbhaya gangrape case. However, their hanging was postponed to February 1, as President rejected Mukesh’s mercy petition on January 17. Two convicts – Akshay and Pawan – are yet to redeem their all legal options. The case is related to the gangrape and murder of a 23-year-old paramedical student on December 16, 2012.

(The above story first appeared on LatestLY on Feb 02, 2020 06:46 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).