The Application was filed before the Hon’ble Additional Sessions Court to provide HIGH LEVEL TREATMENT to the accused for Mental Illness, Insanity and Schizophrenia. Though the application is for the welfare of the accused, it created uproar in society due to the delaying tactics used by the accused. We can see various petitions filed in this regard, several re-issued black warrants and applications filed.
One of the rape convicts moved an application before the Additional Sessions Court of Delhi, where he has prayed the requirement for treatment for mental illness, insanity and schizophrenia. The matter shall be heard on 22nd February which has been listed by Judge Dharmendra Rana and directed the superintendent in Tihar Jail to file his report in this regard. The Counsel representing for Vinay was AP Singh who said before the court that during the legal meeting in Jail, Vinay was unable to recognize him and his mother. Further, he added that he has suffered from a grievous head injury and fractured his arm. There is a claim made by the Opposition party that Vinay is suffering from anxiety and decreased sleep. The convict has lost all his legal remedies to escape from the death penalty as his petition to challenge the rejection of mercy petition by the President of India, Ram Nath Kovind was rejected by the bench in Supreme Court on 14th February 2020. The convict had contended that he was suffering from mental illness and therefore, the death warrant cannot be executed. The contention of the convict was rejected by the court based on his regular check-up in Tihar and Medical officer-in-charge of the Central Jail Hospital had issued the report stating he is psychologically well adjusted and condition of the convict is stable.
The plea read as following;
“Please refer convict to IHBAS [Institute of Human Behaviour and Allied Sciences] Hospital, Shahdara, Delhi for high-level treatment/better management of mental illness, insanity and schizophrenia and provide better management/treatment in his grievous head injury and fracture in his right arm and also call report and immediate directions to jail number three of Central Jail, Tihar, Delhi”.
Nirbhaya was gang-raped and savagely assaulted on the night of 16th December 2012 which happened inside a moving bus in South Delhi. The trial of five men started in a special fast-track court in March 2013, the prime-accused perpetrated suicide by garrotting himself in Tihar Jail within days of trail. A juvenile was sent to an undisclosed place due to threat to his life after he was released from correctional home in 2015.
- Supreme Court dismissed the petition of Vinay Kumar challenging the mercy plea rejected by the President of India on 14th February 2020.
- The Mercy petition was filed on 29th January, and it was rejected by the President of India on 1st February.
- The Death warrant was first issued to execute the convicts on 22nd January 2020, then it was postponed to 1st February.
- A senior official claimed that the Sharma tried to hurt himself by banging his head against the wall.
- The nature of convict as informed by the official is irritable in nature and acts differently as compared from the other three convicts.
Edited by J. Madonna Jephi
Approved & Published – Sakshi Raje
(i) Scroll. in, Delhi gang rape: Convict bangs head against wall in Tihar, seeks treatment for mental illness https://scroll.in/latest/953782/delhi-gangrape-convict-bangs-head-against wall-in-tihar-seeks- treatment-for-mental-illness?utm_source=rss&utm_medium=dailyhunt
(ii) Bar & Bench, Nirbhaya: Convict Vinay seeks high-level treatment for mental illness, Court asks Jail Superintendent to file a report https://www.barandbench.com/news/litigation/nirbhaya-convict-vinay-seeks-high-level-treatment-for-mental-illness-court-asks-jail-superintendent-to-file-report