Criminally sinful to hang Nirbhaya’s convicts at this time: Delhi High Court | Delhi News
In light of the address of the superior court in Delhi that gives the convicts a week of time to exhaust the remaining legal remedies, the court called Tihar’s statement “premature.” “It is true that the superior court of Delhi, through an order dated February 5, 2020, allowed those convicted in the interest of justice to exercise their legal remedies within one week of the order,” Judge Dharmender Rana said in additional sessions .
Finding substance in the submissions of amicus curiae, Vrinda Grover and Soutik Banerjee, who appeared to condemn Mukesh Singh, the court noted that the execution date could not be set simply by assumptions and conjectures. The request “is premature and, therefore, deserves to be dismissed. However, the state has the freedom to move an appropriate request when necessary,” he said.
Grover argued that the higher court had allowed not one but the four convicted to resort to available legal remedies. Special prosecutor Irfan Ahmed, who appeared for jail authorities, previously said there was no legal impediment to a new date.
In defense of the victim’s family, defenders Jitender Kumar Jha and Seema Kushwaha supported the prosecutor’s submissions and said not setting a date would unreasonably delay the hanging.
When appearing for the other convicted, Pawan Gupta, Akshay Thakur and Vinay Sharma, advocated that A P Singh emphasize that they deserved protection under Article 21 of the Constitution until their last breath. He added that the Supreme Court has not suspended or given any order on the order of the court of first instance that postpones the execution.
While he dismissed the Center’s request to challenge the order, the higher court said that everyone would have to be executed together.