Patiala District Court of Delhi gave an order to sojourn the execution of Nirbhaya’s convicts until further orders. The Judge who heard the case deferred making comments on the dilatory tactics adopted by convicts and maintained that it suffices to seek referral of one’s grievance by convicts through the procedure established by the law. Further, he added that it is wrong to discriminate convicts in pursuit of legal remedies, by turning Nelson’s eye towards them. The prosecutor opposed the application brought by the council and said staying isn’t maintainable under Delhi Prison Rules. Advocates of Nirbhaya’s parents requested the court to restrain the manipulation of the law by convicts and further made an argument that since the plea was filed beyond the statutorily provided period of seven days; the Court had no jurisdiction to stay the execution order and the same rested with the Delhi Government. After hearing both the parties, the Additional District Court concluded that, the Court can pursue the Rules 836, 850 and 854 of the Delhi Prison Rules and opined that it had “no hesitation” in postponing the death warrant qua Vinay because of the pendency of his mercy plea before the President. As far as other convicts are concerned, the court has added that second proviso to Rule 836 provides that in cases where the appeal or application by one is pending, the execution to sentence shall be postponed in case of all. The court after hearing both sides came up to a conclusion that it is appropriate that execution should get postponed till further orders aren’t made. On January 7th, 2020 death warrant was issued by the High Court of Delhi against the convicts and the second death warrant was issued for 1st February on 17th January by the Court after mercy petition submitted by Mukesh to President Kovind was rejected.
- Court dismissed the mercy petition filed by Mukesh claiming that he was a juvenile at the time of incident.
- Plea was made in Supreme Court after Death warrant was issued by the Delhi Court.
- Judge Dharmendra Rana said Execution is postponed till further orders.
- Six men had brutally raped a woman in a moving bus, later she was named ‘Nirbhaya’ and the incident took place on 16th December 2012.
- The Supreme Court had dismissed the curative petition filed by three convicts in July 2018.
Edited by J. Madonna Jephi
Approved & Published – Sakshi Raje
- Bar & Bench, Nirbhaya Rape case: Supreme Court dismisses curative petition filed by death row convict Akshay; No stay on execution https://www.barandbench.com/news/litigation/nirbhaya-rape-case-supreme-court-dismisses-curative-petition-filed-by-akshay
- Bar& Bench, Delhi Court stays execution of Nirbhaya convicts till further orders https://www.barandbench.com/news/litigation/breaking-delhi-court-stays-execution-of-nirbhaya-convicts-till-further-orders
- NDTV, Nirbhaya Case: President Rejects Mercy Plea of Convict Vinay Sharma https://www.ndtv.com/india-news/nirbhaya-case-president-rejects-mercy-plea-of-convict-vinay-sharma-2172983