Nirbhaya Case Latest news: The court postpones the execution of those sentenced to death until further orders | Delhi News
All those convicted in the case were to be hanged together on Tuesday at 6 in the morning.
The execution of his death orders has now been postponed three times due to delays in the exhaustion of legal remedies.
Additional Sessions Judge Dharmender Rana said that the death sentence cannot be executed pending the mercy petition of convict Pawan Gupta.
“Despite the strong resistance on the side of the victim, I am of the opinion that any convicted convict must not meet his Creator with a complaint within him that the courts of the country have not acted fairly in granting him the opportunity of exhausting their legal remedies, “said the judge.
“As a cumulative effect of the discussion, I am of the opinion that the death sentence cannot be executed until the petition of mercy of the convicted person ends. It is hereby ordered that the execution of the death sentence against all the convicted, scheduled for March 3 at 6 in the morning, it is postponed until further orders, “the judge added.
The court approved the order on Pawan’s request to suspend the execution, as he filed a petition for mercy with the president on Monday.
While reserving the order on Pawan’s new plea to suspend the death sentence on Tuesday morning, the court called the convict’s lawyer for acting so late in presenting the healing and mercy pleas.
Pawan’s healing request was rejected by the Supreme Court earlier that day.
The court of first instance had dismissed Pawan’s requests and co-accused Akshay Kumar Singh the previous day for suspending his death orders.
However, Pawan’s lawyer, A P Singh, said he has filed a clemency statement and that the execution should be suspended. The court, then, asked him to come after lunch to discuss his case.
At the post-lunch hearing, the court arrested Singh saying: “You are playing with fire, you must be cautious” and added “a wrong move by anyone, and you know the consequences.”
The authorities of Tihar, during the hearing, said that the ball is in the court of the government after the filing of the petition for mercy, and that the judge has no role at the moment.
They said the President will seek a jail status report on Pawan’s petition for clemency and when that happens, suo motu will suspend the execution.
On February 17, the court ordered that the four convicts – Mukesh Kumar Singh (32), Pawan Gupta (25), Vinay Kumar Sharma (26) and Akshay Kumar Singh (31) – be hanged on March 3 after issuing new death orders , noting that postponing the execution further would be “sacrilegious” to the victim’s rights for expedited justice.
He had ordered the four men to be hung around the neck on March 3 at 6 in the morning until they are dead. This was the third time the court issued death warrants against them.
The court had indicated that the death sentences were previously issued on January 7 and the execution was postponed twice later, on January 17 and 31.
“Now postponing it further would be sacrilegious to the rights of the victim of expedited justice,” he had said.
The first execution date, on January 22, was postponed to February 1 by a court order of January 17. Then, the court of first instance, on January 31, suspended, “until further orders,” the execution of the four convicted, since they had not exhausted all their legal remedies.
The court was listening to the requests of Nirbhaya’s parents and the Delhi government, seeking new enforcement orders for those convicted after the Supreme Court granted the authorities freedom to approach the trial court for the issuance of a new one. date for the execution of these convicts.
The 23-year-old physiotherapy inmate, known as ‘Nirbhaya’ (fearless), was raped in a group and wildly assaulted 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.