Nirbhaya case: Delhi High Court issues notice to all four convicts, hearing at 3 AM on Sunday

After hearing on plea moved by the Centre and Tihar jail authorities challenging the trial court’s order which stayed the execution of the convicts in 2012 Nirbhaya gang-rape case, Delhi High Court issued a notice to all the convicts in the case as well as the Tihar Jail officials and set the next date of hearing on Sunday (tomorrow) at 3 pm.

At the hearing, Solicitor General Tushar Mehta, appearing on the behalf of the centre, said that the convicts have taken the judicial process for a joyride. ”Convicts in Nirbhaya case have taken the process of law to “joyride” and are acting in tandem to delay the execution,” Mehta said, adding that “the case will go down in history as one of the heinous offences where the accused have abused the process of law.”

He further argued that the convicts are “filing several applications to delay the execution” after exhausting all legal remedies, adding that if the current trend continues the “case will never end.”

After listening to Mehta’s submission, the high court issued a notice to all 4 convicts in the case and the Tihar Jail officials.

A Delhi court on Friday stayed till further orders the hanging of three Nirbhaya gangrape-murder case death row convicts, that was scheduled for February 1. While staying the execution, the Delhi court observed, “The Courts of this country cannot afford to adversely discriminate any convict, including death row convict, in pursuit of his legal remedies, by turning Nelson’s eye towards him.”

The three convicts – Akshay Kumar Singh, Pawan Gupta, and Vinay Kumar Sharma – had moved the court seeking a stay on their hanging. The fourth convict Mukesh Kumar Singh has exhausted all his legal remedies.

The four convicts were scheduled to be hanged at 6 AM on February 1 after a Delhi court issued death warrants against them earlier this month. This was the second death warrant issued after Mukesh filed a mercy petition to the President and several pleas in various courts.

Earlier, on January 7, the court had fixed January 22 as the hanging date.

A 23-year-old psychotherapy student, dubbed by media as ‘Nirbhaya’, was gang-raped and brutalised on a moving bus on December 16, 2012, before being dumped on the road. She was airlifted to Singapore where she died on December 29, 2012. 

Six people, including a juvenile, were arrested for the crime. The juvenile was released after serving a three-year term at a juvenile home, one convict allegedly committed suicide in jail while four others – Mukesh Singh (32), Pawan Gupta (25), Vinay Sharma (26) and Akshay Kumar Singh (31) were sentenced to death.

Courtesy : DNA

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