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Take advantage of all the options in one week: Delhi HC to Nirbhaya convicts | India News

NEW DELHI: By putting an end to the delaying tactics of those sentenced to death on the death row in Nirbhaya, the Delhi High Court granted them seven days on Wednesday to take advantage of the remaining legal remedies while claiming that the four must remain together.

The court dismissed the Center’s plea to allow separate suspension of the four convicted, noting that no matter at what stage of the case, all procedures “must be fair, fair and reasonable.” Meanwhile, President Ram Nath Kovind had rejected the request for mercy from one of the convicts, Akshay Kumar Singh, who had submitted the statement last week. The order of HC means that Pawan Gupta, the only convict of Nirbhaya who has not filed a curative petition in the Supreme Court or a petition of mercy before the President, now has a week to exercise these options. The four can be hanged only after 14 days from the rejection of the last mercy petition.

While ruling that the four must remain together, Judge Suresh Kait agreed with the central government’s argument that the Delhi prison rules allow for the separate suspension of a convict once his declaration of mercy is rejected. But the court stressed that the fundamental rights guaranteed by article 21 of the Constitution were “as relevant in the stage of execution of the death penalty as they are in the interregno between the imposition of that sentence and its execution.” The court said that the four convicted should be executed together, since they were imposed the death penalty by a common trial. “It is not in dispute that the trial court convicted all defendants by common trial and was confirmed by this court on video of common trial and the Supreme Court subsequently confirmed on video common trial. Therefore, from the trial court to the Supreme Court, all convicted / defendants were treated by common order and sentence, “observed the superior court, and noted that” I am of the opinion that death orders of all the damned are executed together and not separately. ”

Judge Kait pointed out that, for their conduct, the convicted had “frustrated the process by using dilatory tactics,” but then added that “as long as life lasts, it will be the duty and effort of the court to give the provisions of our Constitution, a meaning. that will prevent human suffering and degradation. ”

The higher court also blamed the authorities concerned for not taking measures to issue death orders after the rejection of the appeals of those convicted by the Supreme Court in 2017 and noted that the men were convicted of “a horrible, terrible, cruel, abominable, horrible, horrible and heinous crime of rape, along with a chilling murder of a young woman, who shook the conscience of the whole country. ” The Center and the government of Delhi challenged the order of the court of first instance on January 31 to suspend “until further orders” the execution of the four convicted in the case: Mukesh Singh (32), Pawan Gupta (25), Vinay Sharma (26) and Akshay. Thakur (31) – who are staying in Tihar prison.

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