Latest news from the Nirbhaya case: the authorities of the Tihar prison request a new date for the execution of the convicted dismissed | Delhi News
The additional session judge, Dharmendra Rana, noted the order of the superior court in Delhi on February 5 that allowed the convicted to exercise their legal remedies within a week.
“It is criminally sinful to execute the damned when the law allows them to live. The higher court on February 5 allowed the convicted, in the interest of justice, to exercise their legal remedies within a week of the same order,” said the court.
“I agree with the lawyer of the convicted that the execution orders cannot be executed simply by assumptions and conjectures. The request is without merit. The same is dismissed. The State has the freedom to move the appropriate request when necessary.” said the judge.
The trial court suspended on January 31 “until further orders” the execution of the four convicted in the case: Mukesh Kumar Singh (32), Pawan Gupta (25), Vinay Kumar Sharma (26) and Akshay Kumar (31) , who are staying in Tihar prison.
In the request, the authorities said that the President has already dismissed the mercy requests of three convicts and that no request from any of the four is currently pending before any court.
Pawan has not yet filed a curative petition: the last and last legal recourse available to a person who decides in the chamber. Pawan also has the option of submitting a declaration of clemency.
The authorities also informed the court about the order of February 5 of the Delhi High Court that ordered those convicted to take action within a week, if they wished, to make use of any remedy available under the law.
“Therefore, it is requested with the greatest respect that, taking into account the time of one week granted to those convicted by the higher court, the new dates for the execution of the death orders … can be kindly set by specifying the date and time of execution / suspension of sentence to Pawan Gupta, Vinay Sharma, Mukesh and Akshay in the interest of justice, “said the request.
The arrest warrants, issued by the trial court on January 7, were later postponed by “sine die” on January 31, giving convicted prisoners a postponement for a second time in two weeks.
The execution date, set for the first time on January 22 in the Tihar prison, was postponed to 6 am on February 1 by a court order of January 17.
The 23-year-old physiotherapy inmate, who came to be known as ‘Nirbhaya’ (without fear), was raped in a group and savagely assaulted on the night of December 16, 2012, on a moving bus in southern Delhi. He died of his injuries a fortnight later in a hospital in Singapore.
Six people, including the four convicted, Ram Singh and a minor, were named as defendants.
The trial of the five adult men began in a special fast track court in March 2013.
Ram Singh, the main defendant, allegedly committed suicide by hanging in Tihar prison days after the trial began. The minor, who was said to be the most brutal of the attackers, was placed in a correctional house for three years.
The child was released in 2015 and sent to an undisclosed location amid concerns about a threat to his life. He, when he was released, was 20 years old.
Mukesh, Vinay, Akshay and Pawan were sentenced to death in September 2013 by the trial court.