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Delhi’s Patiala court dismissed plea by the Nirbhaya convicts on Thursday, 19 March, to delay the execution. The execution is to proceed on 20 March. Meanwhile, the Supreme Court on Thursday, rejected plea filed by convict Akshay Singh challenging the decision of the President of India rejecting his mercy plea.
Earlier on Thursday, the court was told that no legal remedies of any of the four convicts were pending in any of the courts.
The Supreme Court on Thursday also refused to entertain the plea of convict Mukesh Singh claiming he was not in Delhi when the crime was committed on 16 December 2012.
The four convicts are scheduled to be hanged at 5:30 am on 20 March.
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The Supreme Court will hear on 20 January, a plea of a death row convict in the Nirbhaya gang rape and murder case against a Delhi High Court order dismissing his claim of being a juvenile at the time of commission of the offence.
A bench of Justices R Banumathi, Ashok Bhushan and AS Bopanna will hear the plea of Pawan Kumar Gupta.
Gupta moved the apex court on Friday challenging the high court's order dismissing his claim of being a juvenile in December 2012.
Besides, the convict has sought a direction restraining the authorities from executing the death penalty, which has been scheduled for 1 February.
Nirbhaya’s mother, Asha Devi, on Saturday, hit out at senior lawyer Indira Jaising for urging her to pardon the convicts on death row for the 2012 Delhi gang rape and murder case.
“Who is Indira Jaising to give me such a suggestion? The whole country wants the convicts to be executed. Just because of people like her, justice is not done with rape victims,” Asha Devi told ANI.
Jaising took to Twitter on Friday, requesting Devi to follow the example of interim Congress President Sonia Gandhi, “who forgave Nalini (one of former PM Rajiv Gandhi’s assassins) and said she didn’t not want the death penalty for her.”
Nirbhaya's father on Saturday, 18 January, said senior lawyer Indira Jaising should be “ashamed” of suggesting pardon for the four death row convicts in his daughter's gang rape case and said his family isn't as “large-hearted” as Congress leader Sonia Gandhi.
“She (Jaising) is a woman herself. She should be ashamed of her comments and apologise to Nirbhaya's mother,” he told PTI.
The Bar Council of Delhi issued notice to advocate A P Singh, appearing for convict Pawan Kumar Gupta in the Nirbhaya gangrape and murder case, after Delhi High Court had last month directed it to take action against the lawyer for filing "forged" documents and not appearing for hearing.
The Bar body issued notice to Singh for 28 February and sought his reply within two weeks. The high court had imposed Rs 25,000 as costs on advocate A P Singh, who filed the petition for Pawan.
Supreme Court will hear the Special Leave Petition (SLP) filed by Pawan Kumar Gupta, one of the convicts in 2012 Delhi gang-rape case on Monday, 20 January, reported ANI.
Speaking about Pawan Gupta’s petition today, Nirbhaya’s mother Asha Devi said that it was just a tactic to delay the execution.
“His petition was cancelled in 2013 by SC. Review petition was also dismissed by the court. He's doing it just to waste time. But all the convicts must be executed on 1 Feb only,” she reiterated.
Advocate AP Singh, appearing for Gupta said that Pawan’s date of birth is 8 October, 1996, claiming that the state had concealed evidence of his juvenility from the court. However, Justice Ashok Bhushan pointed out that this certificate was obtained in February 2017, when Gupta had already been convicted.
Singh alleged that there is a "big conspiracy" to conceal Pawan Gupta’s age.
Appearing for the Delhi Police, Solicitor General Tushar Mehta said that the present petition is based on the same material which was earlier considered by the court, to which Justice Banumathi also agreed.
“You have raised this plea before the trial Court, which was rejected in 2013. Even the High Court and the Supreme Court have rejected this plea earlier. If this was the first time you were raising the issue, it may have been different,” she said.
AP Singh argued that when the order had been passed by the trial court, no counsel was present and that the plea of juvenility was determined by the trial court by only hearing the prosecutor.
Justice Bhushan rebutted this plea by pointing out that the order passed on juvenility during January 2013 showed that Pawan was produced along with his lawyer. He further went on to argue that the issue of juvenility was not decided because it was done in a hurry because of which a fair trial was not given.
AP Singh cites SC precedents to state that plea of juvenility can be taken at any time, even after the final judgment has been passed.
SG Tushar Mehta starts arguing for Delhi Police and submits a list of dates, pointing out that Pawan's birth certificate was on record before the sessions court in January 2013 when his claim of juvenility was rejected.
Mehta added that even Pawan's parents had said he was not a minor.
The Supreme Court on Monday rejected the plea of death row convict Pawan Kumar Gupta in the Nirbhaya case challenging the Delhi High Court order, which had dismissed his claim of being a juvenile at the time of the offence.
Speaking after the Supreme Court rejected the plea of death row convict Pawan Kumar Gupta in the Nirbhaya case, Asha Devi, the mother of the gang rape victim, said, “Their tactic to delay hanging has been rejected. I'll be satisfied only when they're hanged on 1 February. Just like they're delaying it one after the other, they must be hanged one by one so that they understand what it means to toy with law.”
Nirbhaya's father on Monday urged the Supreme Court to frame guidelines on the number of pleas a convict can file so that women can get time-bound justice.
His remarks came after the apex court rejected the plea of Pawan Gupta challenging a Delhi High Court order, which had dismissed his claim of being a juvenile at the time of commission of offence.
"It is a matter of happiness that the court has rejected his plea. But whenever a petition comes up in court regarding our case, our heart starts beating faster. In the end, we get positive news only," Nirbhaya's father told PTI.
The sessions judge who recently issued death warrants against the four death row convicts in the 2012 Nirbhaya gang grape and murder case has been transferred.
Additional Sessions Judge Satish Kumar Arora has been transferred to the Supreme Court as Additional Registrar on deputation basis for one year, a letter sent by Registrar General, Delhi High Court, to the District Judge, Patiala House Courts, said.
Before his transfer, Arora was hearing the Nirbhaya rape case, besides other cases.
The case is likely to be assigned to new judge soon.
AP Singh, the lawyer for the convicts, once again moves an application before Patiala House Court. He says that Tihar Jail authorities are yet to release documents that are needed to file curative & mercy petitions for Vinay Pawan and Akshay (convicts).
(Source: ANI)
The Delhi Police on Saturday, 25 January, told a Delhi court that the Tihar jail authorities have supplied all the relevant documents sought by the lawyer of the death row convicts in the 2012 Nirbhaya gang rape and murder case.
The public prosecutor, appearing for police, told Additional Sessions Judge Ajay Kumar Jain that the convicts are only adopting “delaying tactics”.
An advocate appearing for three of the four death row convicts in the case has moved the court on Friday alleging that the Tihar jail authorities were not handing over certain documents and this was causing delay in filing their mercy and curative petitions.
AP Singh had moved an application alleging that the jail authorities are yet to give the documents which are required to file the mercy petition for Vinay Kumar Sharma (26) and curative petitions for Akshay Kumar Singh (31) and Pawan Singh (25).
Convict Mukesh Kumar Singh, has moved the Supreme Court challenging the rejection of mercy petition by President of India.
Death row convict in the 2012 Nirbhaya murder and gang rape case Mukesh Kumar Singh on Monday, 27 January, moved the Supreme Court seeking urgent hearing on his plea against dismissal of his mercy petition by the President.
The 32-year-old Singh's mercy plea was dismissed by President Ram Nath Kovind on 17 January.
A bench headed by Chief Justice S A Bobde said, "If somebody is going to be hanged then nothing can be more urgent than this" and asked Kumar's counsel to approach the mentioning officer as the hanging is scheduled on 1 February.
Delhi court on Monday, 27 January, reserved its order on a plea filed by the father of one of the four death row convicts in the 2012 Nirbhaya gang rape and murder case, challenging the court's order by which it had dismissed his complaint questioning the credibility of the sole witness in the case.
Judge A K Jain will pronounce the order at 4 PM on Monday.
The sole eyewitness, a friend of the 23-year-old victim, was accompanying her in the bus when the gruesome incident took place and he had also sustained injuries.
The Supreme Court will hear on Tuesday the plea of death row convict Mukesh Kumar in the 2012 Nirbhaya gang-rape and murder case challenging the dismissal of his mercy petition by President Ram Nath Kovind.
A bench of Justices R Banumathi, Ashok Bhushan and A S Bopanna would hear the plea at 12:30 PM.
Dummy execution of the convicts of 2012 Delhi gang rape case was successfully performed in Tihar jail on Monday, news agency ANI reported, quoting officials.
Senior Advocate Anjana Prakash, arguing for Mukesh, has urged the bench to invoke judicial conscience as to whether due consideration has been given.
“Presidential pardon is a constitutional duty of great responsibility, which must be exercised keeping in mind greater good of people,” said Prakash quoting from Supreme Court precedents, reported LiveLaw.
The Supreme Court today questioned one of the four death row convicts in the Nirbhaya gang-rape and murder case, as to how he can allege "non application of mind" by the President in rejecting his mercy petition.
“How can you say that these facts were not placed before his excellency the President? How can you say that there was non-application of mind by the President,” the bench, also comprising justices Ashok Bhsuhan and AS Bopanna, asked the lawyer.
When the convict's counsel said that all facts were not placed before the President, Solicitor General Tushar Mehta told the bench that all the records, exhibits and the judgment in the case were placed before the President.
Singh alleged procedural lapses in dismissal of his mercy plea by the President, reports PTI.
Convict Mukesh Kumar Singh’s counsel Anjana Prakash reads out statement, “You have to apply your mind at each and every step. You are playing with somebody's life(on powers conferred to the President with regard to mercy plea). I (Mukesh) was beaten mercilessly after coming to jail.”
Prakash asserts that no opinion was given. Also submits that the prisoner was sexually abused in jail.
Prakash has told the Supreme Court that Mukesh, his brother Ram Singh were sexually abused in Tihar Jail. Ram Singh didn't commit suicide inside the prison but was murdered.
Through senior lawyer Anjana Prakash, Mukesh levels serious accusations against Tihar Jail authorities. He claims he was forced to have sex with Akshay, another accused in the Nirbhaya case. Mukesh has also claimed he was put in solitary confinement.
The Solicitor General said that the allegations that he was sexually abused, ill treated in jail, cannot be ground for mercy.
A curative petition was filed by Akshay Kumar, one of the four convicts in the 2012 Nirbhaya gang rape and murder case, on Tuesday, 28 January, PTI reports.
The Supreme Court has dismissed the plea of death row convict Mukesh against the rejection of his mercy petition by President Ram Nath Kovind, reports PTI.
The court said that relevant records, the verdict of the trial court, HC and apex court in the Nirbhaya case were placed by Home Ministry before the President.
Vinay Kumar Sharma, one of the four death row convicts in the 2012 Nirbhaya gangrape and murder case, filed mercy petition before President Ram Nath Kovind on Wednesday, 29 January.
Advocate AP Singh, who represents Vinay, said he has filed the mercy petition with the President House and has got a receiving on it.
"I have filed mercy petition for Vinay before the president. I have submitted it by hand," Singh told PTI.
The apex court has already rejected the curative petition of Vinay.
AP Singh, lawyer of the convicts moves a plea in Delhi's Patiala House Court seeking a stay on the date of the execution, which is 1 February.
Lawyer AP Singh claimed in the plea that according to the Delhi Prison rules, none of the four convicts in the same crime can be hanged till the last convict has exhausted all his legal options including the mercy petition.
The Supreme Court has dismissed the curative petition filed by death row convict Akshay Kumar Singh in Nirbhaya gang-rape and murder case.
Session Judge AK Jain has sought the status report from Tihar Jail authorities till tomorrow 10 am. Hearing on convicts plea seeking a stay on the date of the execution (1 February) to be held tomorrow at Delhi's Patiala House Court.
Death row convict Pawan Gupta moves SC, seeks review of its order dismissing his juvenility claim, reports PTI.
Tihar authorities have told a Delhi Court that only one convict's mercy plea is pending and the others can be hanged, reports PTI. The jail authorities challenged the maintainability of the convicts’ application seeking stay of execution.
In response, the convicts’ lawyer said that when one convict's plea is pending, rules dictate that others cannot be hanged. Lawyer urges court to adjourn matter "sine die"
A Delhi Court has reserved its order on whether to stay execution of convicts scheduled on 1 February.
It will pass the order later on Friday, according to ANI.
The Supreme Court on Friday dismissed Nirbhaya convict Pawan Gupta’s petition claiming that he was a juvenile when the offence took place.
The convict in the 2012 Delhi gang rape and murder case had filed a review plea before the apex court challenging its earlier order which had dismissed the initial petition claiming juvenility.
Gupta had claimed there was new material to show he was actually under 18 at the time. Supreme Court had dismissed the original application by Gupta on 20 January, and has now dismissed the review petition as well.
Gupta has not yet filed a curative petition or mercy petition, which are the final options for a death row convict to get their sentence commuted. Among the other convicts, Mukesh has exhausted all legal remedies, including his mercy petition to the president. Vinay Sharma’s curative petition has been rejected, and his mercy petition is pending before the president. Akshay Kumar Singh’s curative petition has also been rejected, but he is yet to file a mercy petition.
A Delhi court has stayed the execution of the four convicts in the 2012 Nirbhaya gang-rape and murder case until further orders.
Speaking on the Nirbhaya case, Minister of State (Home) G Kishan Reddy said that “there is a need to debate how convicts in heinous crimes are delaying death penalty... by exploiting the judicial process.”
Speaking to the media after the court order, Nirbhaya’s mother Asha Devi said, “The lawyer of the convicts, AP Singh has challenged me saying that the convicts will never be executed. I will continue my fight. The government will have to execute the convicts.”
Our hopes dashed, but I will fight till the convicts are hanged, she added.
The Delhi court hearing the Nirbhaya case on Friday did not agree with the Tihar jail authorities, which had challenged the application of three condemned prisoners in the case seeking a stay on their execution.
The convicts' lawyer had argued that rules dictate that when one convict's plea is pending, the others cannot be hanged.
Advocate AP Singh, representing the convicts – Pawan, Vinay and Akshay – urged the court to adjourn the executions "sine die" (with no appointed date for resumption).
The trial court had on 17 January issued black warrants for the second time for the execution of all the four convicts in the case in Tihar jail at 6 am on 1 February. Earlier, on 7 January, the court had fixed 22 January as the hanging date.
Soon after the Delhi court order, CM Arvind Kejriwal took to Twitter to say that there is a dire need to amend laws so that hanging takes place within six months in rape cases.
“It saddens me that convicts in Nirbhaya case are escaping death sentence by using legal loopholes,” Kejriwal said in a tweet in Hindi.
The President of India has rejected the mercy plea of convict Vinay Sharma.
Convict Akshay Kumar Singh has filed a mercy petition before the President of India. This comes after his curative petition was dismissed by the court on 30 January.
Tihar Jail authorities to approach Patiala House Court for fixing date of execution of all four accused in Nirbhaya case, reported PTI.
Tihar jail authorities on Saturday moved the Delhi High Court challenging the stay on the execution of the four convicts in the 2012 Nirbhaya gang rape and murder case.
The Delhi High Court on Saturday sought the response of the four convicts in the 2012 Nirbhaya gangrape and murder case on the Centre's plea challenging the stay on their execution.
The court will hear the petition on Sunday. The court has also issued a notice to DG (Prisons) and Tihar Jail authorities, seeking their stand on the central government's plea.
The lawyer of the DG (Prisons) told the court that its orders would be complied with.
During the hearing, Solicitor General Tushar Mehta told the court that the convicts in the Nirbhaya case have taken process of law on a "joyride" and are acting in tandem to delay their execution.
He further told the court that the Nirbhaya gangrape case will go down in history of India where convicts of the heinous crime are trying the patience of the country.
The Centre has argued that the four convicts do not need to be hanged together. Through the solicitor general, it has argued that a "mercy petition is a personal plea, it affects only the person who has filed it."
On this basis, the Centre is arguing that convicts whose mercy pleas have already been rejected – such as Mukesh – can be hanged separately from convicts whose mercy pleas have not yet been rejected (or for whom 14 days have not yet passed since the rejection of their mercy pleas, like Vinay).
As the hearing in the 2012 Delhi gang rape began, for the Centre’s plea seeking stay on the execution of the four convicts, Solicitor General Tushar Mehta, on Sunday 2 February, argued that there cannot be any delay in the interest of justice, and that death sentence cannot be delayed. “In the interest of the convict, any delay in death sentence will have a dehumanising effect on the accused,” Mehrta said.
Furtherm he also maintained that there was a deliberate delay on part of the convict and the institution’s response has been prompt.
While addressing the Delhi High Court bench, Solicitor General Tushar Mehta told the Delhi High Court bench that the execution stay on the hanging of Nirbhaya convicts is a ‘deliberate, calculated, well thought of design to “frustrate” the process of law.
Further, Mehta said that the convicts are playing with judicial machinery and trying patience of nation.
Saying that according to the rules, there can be no execution till all convicts have exhausted their legal remedies, Solicitor General Tushar Mehta said that simultaneous hanging is till the SC has finally decides on the issue. At the stage of mercy, there is no mandate for simultaneous hanging.
“Rule 836 provides for stay of execution qua co-convicts when "appeal or application" is pending. But Trial Court has interpreted "appeal or application" to include mercy as well,” Mehta said.
Co-convicts have to be hanged simultaneously only till the stage of SLP, Mehta said while arguing for the Centre.
Further, he reiterated that mandate of simultaneous hanging is only till the stage of SLP, argues that the Trial Court wrongly interpreted 'application' to include mercy petition.
Rebecca John, arguing for convict Mukhesh Kumar, further argued that the delay the convicts have been pushing for, is only an interference, and that a death row convict will never hasten the proceedings and will avail all legal remedies available to him.
Further, she said that these are death row convicts, who are hated by the society but even they have their rights.
“I am a horrible person, I have committed the worst crime imaginable. But I am still entitled to protection under Article 21. Even as a death row convict, I have a right to be treated fairly,” Rebecca John, representing Mukesh Kumar, told the Delhi High Court.
Mukesh Kumar’s lawyer, Rebecca John, told the Delhi High Court that caution shall be exercised while executing a sentence which is irreversible. She said that all she is asking is a few extra days.
I am asking for a few extra days. If mercy is rejected, there is not a single person who does not know what shall befall these convicts. One must exercise caution while executing a sentence which is irreversible, John said.
The Delhi High Court has reserved its order on the Centre’s plea challenging the stay on the execution of Nirbhaya convicts.
Delhi High Court will pronounce on Wednesday, 5 February order on Centre's plea challenging stay on execution of four convicts in the Nirbhaya case, PTI reported.
Delhi High Court says that Delhi Jail Manual rules on not hanging convicts separately deals with situations where appeals and applications by one or more of them are yet to be decided – does not apply to situations where mercy petitions are pending.
The Delhi HC on Wednesday, 5 February, rejected Centre’s plea for separate hanging of Nirbhaya death row convicts, saying all legal remedies to be exercised in seven days.
Welcoming the Delhi HC's decision to not interfere with Patiala House court’s order on the Nirbhaya case, the victim's mother Asha Devi on Wednesday, 5 February said that the convicts should be hanged soon.
The Centre and Delhi government, through the L-G on Wednesday moved SC against dismissal of their plea challenging trial court's order staying execution of Nirbhaya case convicts.
President Ram Nath Kovind on Wednesday rejected the mercy petition of Akshay, one of the four convicts, news agency PTI reported quoting home ministry officials.
Kovind has already rejected the clemency petition of two other accused in the case Mukesh Singh and Vinay Kumar Sharma.
Supreme Court has agreed to hear on Friday, 7 January, Central Government’s appeal against Delhi High Court’s order rejecting its plea to separately execute the death row convicts in 2012 Nirbhaya gang-rape case.
Tihar jail authorities have moved the trial court with an application of seeking issuance of fresh date of execution of death warrants against convicts.
A Delhi court Thursday sought by tomorrow the response of the four death row convicts in the Nirbhaya gangrape and murder case on the plea of Tihar jail authorities seeking issuance of fresh death warrants against them, PTI reported.
Additional Sessions Judge Dharmendra Rana directed the convicts to file their response by Friday on the application moved by Tihar Jail authorities.
Supreme Court will on Friday, 7 February, hear a petition by the Central government seeking to execute the convicts in the case who have exhausted all their legal and constitutional remedies, ANI reported.
The Supreme Court to hear Centre’s appeal against Delhi High Court’s order rejecting its plea to separately execute the death row convicts in 2012 Delhi gang-rape case on 11 February.
It recorded, in its order, that the time given by the Delhi HC to the Nirbhaya case convicts for exhausting all remedies expire on 12 February.
A Delhi court on Friday dismissed Tihar jail authorities' plea seeking fresh date for execution of the four death row convicts in the 2012 Nirbhaya gang rape and murder case.
Additional Sessions Judge Dharmendra Rana took note of Delhi HC’s 5 February order permitting the convicts to exercise their legal remedies within one week.
"It is criminally sinful to execute the convicts when law permits them to live. The high court on 5 February had permitted the convicts, in the interest of justice, to exercise their legal remedies within one week from same order," the court said, according to PTI.
"I concur with counsel for convicts that death warrants cannot be executed merely on basis of surmises and conjectures. The application is bereft of merit. Same is dismissed. State is liberty to move appropriate application as and when required," the judge said.
Speaking after a Delhi court dismissed Tihar jail authorities’ plea seeking fresh date for execution of the Nirbhaya case convicts, Asha Devi, the mother of the gang rape victim said, “Today, the court had the power and we had time. Nothing was pending, yet death warrant has not been issued. It's injustice to us. I will see till when the court gives time to the accused and the government supports them. [sic]”
The Supreme Court has begun hearing a petition filed by the Central government against the Delhi High Court’s judgment in connection with the 2012 Nirbhaya case. The High Court had not allowed separate executions of the convicts.
The Supreme Court on Tuesday allowed the Centre to move the trial court for fresh death warrants against convicts in the 2012 Nirbhaya gang rape and murder case.
It also issued a notice to the four convicts, and posted the matter for hearing on 13 February.
"We make it clear that the pendency of this SLP (Special Leave Petition) will not be an impediment for the trial court in considering the plea for fresh death warrant on merits,” the court said.
The Supreme Court on Tuesday, 11 February, sought response from the four death row convicts in the Nirbhaya gang rape and murder case on the Centre's appeal challenging the Delhi High Court verdict which dismissed its plea against stay on their execution.
A three-judge bench headed by Justice R Banumathi granted liberty to the authorities to approach the trial court for issuance of fresh date for the execution of these convict.
One of the four death row convicts in the Nirbhaya gang rape and murder case, Vinay Sharma, approached the Supreme Court on Tuesday, 11 February, challenging the rejection of his mercy petition by the President, according to PTI.
Sharma, through his counsel AP Singh, has also sought commutation of death sentence to life imprisonment.
A Delhi court on Tuesday, 11 February, sought response of the four death-row convicts in the Nirbhaya gang rape and murder case on a plea by the victim's parents and the Delhi government seeking issuance of fresh death warrant.
Additional Session Judge Dharmender Rana issued notice to all the convicts and said that it will take up the matter on Wednesday, 12 February.
The victim's parents told the court that the convicts were making a mockery of the law and frustrating it.
The application was moved after the Supreme Court granted liberty to the authorities to approach the trial court for issuance of fresh date for the execution of these convict.
A Delhi court on Wednesday adjourned the hearing on pleas seeking fresh death warrants against the four convicts in the 2012 Nirbhaya gangrape and murder case. The matter has been posted for Thursday.
A Delhi court Wednesday offered a counsel to Pawan Gupta, one of the four death row convicts in the Nirbhaya gang rape and murder case, saying a condemned convict is entitled to legal aide till his last breath, reports PTI.
Additional Session Judge Dharmender Rana expressed displeasure over delay from Pawan's side who said he has removed his earlier lawyer and will need time to engage a new one.
Pawan has not yet filed a curative petition -- the last and final legal remedy available to a person which is decided in-chamber. He also has the option of filing a mercy plea.
Nirbhaya's mother Asha Devi Wednesday, 12 February, protested outside a trial court premises over the delay in hanging of the four convicts in the gang rape and murder case of her daughter, reports PTI.
Her protests come right after the trial court offered Pawan Gupta, one of the four death row convicts in the case, saying a condemned convict is entitled to legal aide till his last breath.
The Supreme Court will hear the plea of Vinay Sharma, a convict in 2012 Delhi gang-rape case, on Thursday, 13 February. Vinay Sharma has filed a petition in the Supreme Court against the President's decision to reject the mercy petition, reports ANI.
The Supreme Court on 13 February, gave time to convicts till Friday, 14 February to file replies to the petition by the Centre, Delhi government seeking separate hanging of the convicts.
The Supreme Court on Thursday rejected the request of Nirbhaya case death-row convict Vinay Sharma to peruse recommendation for rejection of his mercy plea.
Sharma's counsel alleged in the court that the Delhi lieutenant governor and its home minister had not signed the recommendation for rejection of his mercy plea.
However, a bench of Justices R Banumathi, Ashok Bhushan and A S Bopanna perused the record and said the LG and the home minister indeed signed the recommendation for rejection of his mercy petition.
Sharma, through advocate A P singh, moved the apex court on Tuesday challenging the rejection of his mercy petition by the president. He claimed the "hurried rejection" was "mala fide" and violated the letter and spirit of the Constitution.
Tihar Jail authorities told a Delhi court on Thursday that Pawan Gupta, one of the four death row convicts in the Nirbhaya gang rape and murder case, has refused to take a lawyer offered by DLSA as legal aid.
Additional Session Judge Dharmender Rana had on Wednesday offered a counsel to Gupta and expressed displeasure over delay from his side.
Gupta said he has removed his earlier lawyer and will need time to engage a new one.
Convict Pawan Gupta on Thursday refused to take a lawyer from legal aid offered, jail authorities told Delhi court.
However, Delhi court appointed advocate Ravi Qazi to represent him anyway.
Delhi's Patiala House Court adjourns for 17 February, the hearing on the plea of the State and victim's parents seeking issuance of the death warrant, as a petition challenging the rejection of mercy plea of convict Vinay is pending before Supreme Court.
One of the four death row convicts in the Nirbhaya gang rape and murder case, Vinay Sharma, through his counsel made a last ditch effort to escape from the gallows claiming that all the relevant records were not brought before the President including that he had been subjected to torture and ill-treatment in jail due to which he had developed mental illness.
The Centre however opposed his claim and produced a medical report dated February 12 which said he was fit and had a sound mind.
The Supreme Court on Friday, 14 February, dismissed the petition of death-row convict Vinay Kumar Sharma challenging the rejection of the mercy petition by President Kovind.
Supreme Court judge Justice R Banumathi fainted in the courtroom on Friday, 14 February, while dictating order on the Centre' plea seeking separate hanging of the four death row convicts in the Nirbhaya gang rape and murder case.
Justice Banumathi soon regained consciousness and was taken to chamber by other judges on dias and Supreme Court staff.
She has been taken on wheel chair for medical treatment.
Nirbhaya's mother Asha Devi on Monday, 17 February said that even though we fresh eath warrants have not been issues, she goes with new hope in every hearing.
“Their lawyers use new tactics everyday, I can't say what will happen today but I'm hopeful,” she said.
Special Public Prosecutor Rajiv Mohan stated on Monday that there are no pending petitions in court and 3 out of 4 convicts have “exhausted all their legal remedies.”
“Delhi HC had given seven days time to the convicts and that period is over,” he siad.
The Supreme Court has discharged Advocate Vrinda Grover as convict Mukesh’s counsel after he showed unwillingness to continue her in the case. Advocate Ravi Qazi has now been appointed as a counsel for convict Mukesh.
Mukesh Kumar Singh, one of the four death row convicts in the Nirbhaya gang rape and murder case, told the court on Monday that he does not want to be represented by advocate Vrinda Grover.
Additional Session Judge Dharmender Rana was also informed that another death row convict in the case, Vinay Sharma, is on hunger strike in Tihar jail.
The court reserves order on pleas seeking fresh death penalty for convicts, will pronounce decision shortly.
The four convicts to be executed on 3 March at 6 am, reported ANI.
Additional Session Judge Dharmender Rana issued fresh warrants against death row convicts — Mukesh Kumar Singh (32), Pawan Gupta (25), Vinay Kumar Sharma (26) and Akshay Kumar (31).
The court was hearing the applications by Nirbhaya's parents and the Delhi government, seeking fresh death warrants for the convicts after the Supreme Court granted liberty to the authorities to approach the trial court for issuance of fresh date for the execution of these convicts, reported PTI.
Nirbhaya’s mother Asha Devi said, “I am not very happy as this is the third time that death warrant has been issued. We have struggled so much, so I am satisfied that death warrant has been issued finally. I hope they (convicts) will be executed on 3 March,” reported ANI.
“Akshay Kumar's petition has to be filed, only after that is done we will see what will happen next,” said AP Singh, lawyer of the Nirbhaya convicts.
“The execution is against Mahatma Gandhi's principles, and the Constitution,” he added, reported ANI.
One of the death row convicts in the Nirbhaya gang-rape and murder case – Vinay Sharma – was injured after he tried to hurt himself by banging his head against the wall of his cell, on Sunday, 16 February, a Tihar Jail official was quoted by ANI as saying. Sharma sustained minor injuries.
Sharma’s lawyer, AP Singh, had earlier told the court that he is on hunger strike and his mental state is not well, hence the death sentence cannot be carried out.
A Delhi court on Thursday, 20 February, sought response from Tihar Jail authorities on a plea by one of the four death row convicts in the Nirbhaya gang-rape and murder case, seeking better treatment for his claimed mental illness – schizophrenia, and head and arm injuries.
Additional Session Judge Dharmender Rana directed the prison authorities to file their reply on the plea by Vinay Kumar Sharma on Saturday. Sharma injured himself by banging his head against a wall of his cell in Tihar Jail, according to prison officials, ANI reported.
Delhi’s Patiala House court on Monday issued a fresh date of execution for the four convicts in the case. The convicts are now to be executed at 6 am on 3 March, reported ANI.
Tihar Jail authorities have filed the concerned report in a Delhi Court on the application of one of the death row Nirbhaya case convicts Vinay Sharma. The application of the convict had sought a direction to provide high-level medical treatment.
Public Prosecutor Irfan Ahmad apprised the court that convict Vinay himself rammed his head on a wall and that he was attended to by the doctors immediately. Tihar jail authorities also submitted the CCTV footage in Court.
Ahmad further added that there is no medical history of mental instability of convict Vinay Sharma as claimed by the convict's counsel AP Singh.
He also stated that 'convict Vinay Sharma made two phone calls recently to his mother and his lawyer and asked “Why is his lawyer claiming that he is not even in the position to identify his mother also?”
After the conclusion of arguments, the Delhi Court reserved the order on Saturday, 22 February, on the application of one of the death row convicts Vinay Sharma who had sought a direction to provide high-level medical treatment to him.
Judge Dharmender Rana rejected Nirbhaya convict Vinay Sharma’s request to be referred to IHBAS Hospital in Shahdara, New Delhi, for high level treatment. Sharma had submitted in court that he had sustained grievous head injuries, a fracture in his right arm and “is suffering from insanity, mental illness and schizophrenia”, as a result of which he was unable to even recognize his lawyer or mother.
The judge noted the reports of the medical experts relied on by the prosecution that claimed Sharma had asked the psychiatrist to diagnose him as mentally ill to help commute his death sentence, and that found he had “dramatic and superficial demonstration of mental illness.”
The judge found that the treatment and care being provided to Sharma was sufficient, and therefore found no reason to refer him for high level treatment.
Asha Devi, mother of 2012 Delhi gang-rape case victim on convict Vinay Sharma’s plea seeking high-level medical treatment said that it was a “tactic” to delay the execution.
“The convicts are misleading courts. They have exhausted almost all legal remedies and I believe that they will be hanged on 3 March,” she added.
Supreme Court's three-judge bench, headed by Justice R Banumathi will hear today the petition filed by Ministry of Home Affairs, seeking a direction to separately execute the death row convicts in Nirbhaya gang-rape case.
The fourth death row convict in the case, Pawan Kumar Gupta, has filed a curative petition in Supreme Court, seeking direction to commute his death sentence to life imprisonment.
A PIL has been moved in the Delhi High Court seeking direction
for National Human Rights Commission of India to intervene and inquire about the physical and mental condition of the four convicts in Nirbhaya case, ANI reported.
Convict Pawan Kumar Gupta has moved Delhi court seeking stay on execution, claiming that a curative petition is pending in the Supreme Court, PTI reported.
A Delhi court has asked Tihar jail authorities to file a report and respond by Monday on an application moved by another convict Akshay Singh, seeking stay on execution of the death warrant. He has claimed that his earlier mercy petition that was dismissed did not have all the facts. Akshay Singh has claimed that he has filed fresh mercy petition before the President, which is pending.
The Supreme Court will on Monday, 2 March consider 'in chamber' the curative plea of one of the four death row convicts, Pawan Kumar Gupta, in the 2012 Nirbhaya gang rape and murder case, a day before their scheduled hanging, PTI reported.
The curative petition will be considered by a bench of justices N V Ramana, Arun Mishra, R F Nariman, R Banumathi and Ashok Bhushan in the chamber of Justice Ramana.
Pawan, 25, against whom the death warrant has been issued for execution on 3 March along with the three other condemned prisoners, has claimed juvenility to seek commutation of sentence to life imprisonment.
The Supreme Court will on Monday, 2 March, hear the curative petition filed by one of the death row convicts, Pawan Kumar Gupta, seeking commutation of his death penalty to life imprisonment.
The Supreme Court on Monday dismissed a curative petition filed by convict Pawan Kumar Gupta who was sentenced to death in the Nirbhaya gang rape and murder case.
A five-judge bench headed by Justice N V Ramana said that no case is made out for re-examining the conviction and the punishment of the convict.
The SC also rejected the application for a stay on execution of the death sentence awarded to Gupta.
After Supreme Court dismissed the curative petition filed by Pawan Kumar, he has now filed a mercy petition.
Meanwhile, a Delhi court on Monday dismissed the petition filed by the four convicts for a stay of their execution of their death sentences, scheduled to take place on Tuesday, 3 March, at 6 am.
Gupta's lawyer has informed the court about filing of the mercy plea and the court will now hear the matter post lunch.
MHA has received the mercy petition filed by Pawan Gupta, ANI reports.
Delhi's Patiala House Court has reserved the order on Pawan Gupta's plea which sought a stay on the execution as his mercy petition is pending before the President of India.
A Delhi court on Monday stayed the execution of the four convicts in 2012 Nirbhaya gang rape and murder case until further orders.
The court said that the death sentence cannot be executed pending the disposal of the mercy petition of convict Pawan Kumar Gupta.
"Despite stiff resistance from the victim's side, I am of the opinion that any condemned convict must not meet his Creator with a grievance in his bosom that the courts of the country have not acted fairly in granting him an opportunity to exhaust his legal remedies," the judge said.
"As a cumulative effect of the discussion, I am of the opinion that the death sentence cannot be executed pending the disposal of the mercy petition of the convict. It is hereby directed that the execution of death warrants against all the convicts, scheduled for 3 March at 6 am, is deferred till further orders," the judge added.
Speaking after a Delhi court stayed the execution of the convicts in the Nirbhaya case until further orders, the victim’s mother, Asha Devi, said, “Why is the court taking so much time to execute its own order to hang the convicts? Repeated postponing of the execution shows the failure of our system. Our entire system supports criminals.”
Delhi High Court on Wednesday disposed of the petition seeking directions to National Human Rights Commission to inquire about convicts’ health.
The court asked the petitioner to approach NHRC over human rights violation.
President Ram Nath Kovind has rejected mercy petition of Pawan Gupta, one of the convicts in Nirbhaya gang-rape case stated Officials.
Seema Khushwaha, the lawyer of Nirbhaya's parents told ANI, “We are moving a fresh application in Delhi court to fix a fresh date for the execution of the four convicts. All the convicts have exhausted their complete rights. The date which will be fixed now will be the final date.”
After President Ram Nath Kovind rejected the mercy plea of convict Pawan Kumar Gupta, the Tihar Jail authorities will now move the Patiala House Court in Delhi for fixing a fresh date of execution of the four convicts in the 2012 case, officials cited by PTI said. The president had already rejected the mercy petitions of the other three convicts in the case.
A Delhi court on Wednesday issued a notice to the convicts in the 2012 Nirbhaya gang-rape and murder case on a plea by the Delhi government for a fresh date of execution. It has sought their response by Thursday, with the matter to be heard at 2 pm.
All the legal remedies of the convicts have been exhausted and nothing survives now, the government told the court.
Ahead of the hearing on Thursday, Nirbhaya’s mother Asha Devi expressed hope for a fresh death warrant and a date of execution.
“The four convicts have exhausted all legal remedies. I hope that a fresh death warrant will be issued by the court today,” Asha Devi said.
The Shiv Sena on Thursday lamented that the execution of convicts in the Nirbhaya gang rape and murder case has been being delayed due to "loopholes" in the judicial system.
"We hope people don't lose trust in the judiciary because of the delay in hanging of the Nirbhaya case convicts," the editorial said.
The Shiv Sena said courts must have been "bound" by provisions of the existing laws. But, the implementation of punishment to the culprits should not be delayed when the country's top court has upheld the hanging of the accused.
"The loopholes in the existing laws should not come in the way of implementation of the death sentence. Such unfortunate developments shouldn't happen," it said.
As the mercy plea of all the convicts have been rejected, hearing begins in Patiala House Court for seeking a fresh date of execution against the four convicts.
Delhi’s Patiala House Court on Thursday, 5 March, issues a fresh death warrant against the four Nirbhaya gang rape case convicts. They are to be hanged at 5.30 am on 20 March.
“Till the time they are not hanged, the struggle will be on,” Nirbhaya’s mother Asha Devi said, after the court ruled that the four convicts would be executed on 20 March, saying that she hoped this was the final date.
“The morning of 20 March will be morning of our life,” she said.
“While dying Nirbhaya asked to ensure they get such a punishment that such a crime is not repeated ever,” she added, saying that if there is any chance, she would like to see them die.
The Supreme Court on Thursday said it would hear on 23 March, the appeal filed by the Centre challenging the Delhi High Court order that the four death row convicts have to be executed simultaneously.
Solicitor General Tushar Mehta told the bench, headed by Justice R Banumathi, that the trial court has fixed 20 March as date of execution of the four convicts who have exhausted all their legal remedies.
Mehta told the bench, also comprising Justices Ashok Bhushan and a S Bopanna, that these convicts have made a mockery of the system by their delaying tactics and taken it for a ride, PTI reported.
The bench said that it would hear the mater on merits on 23 March and made it clear that no adjournments will be granted.
One of the four death-row convicts in the 2012 Nirbhaya case moved a plea in the Supreme Court on Friday seeking restoration of all his legal remedies alleging his lawyers misled him.
The Supreme Court is likely to hear on Monday the plea of Mukesh Singh, who has also sought quashing of all orders passed by courts and the rejection of his mercy petition by the president since the day his curative petition was dismissed by the apex court.
"Petitioner (Mukesh) is victim of criminal conspiracy and fraud played and hatched jointly by the R-1 (Ministry of Home Affairs), R-2 (Delhi government) and R-3 (Vrinda Grover) and other advocate who appeared in the session court, high court and the Supreme Court in the petitioner's death warrant case. They compelled him to sign various papers under threat of session court order (which was never issued by the session court) stating that the court has directed her to secure various signed documents from him to file various petitions, including curative petition, on his behalf in the high court and the Supreme Court in his death sentence case [sic]," the plea said.
Vinay Sharma through his lawyer AP Singh has approached Delhi LG seeking to commute death sentence to life imprisonment. AP Singh has filed a petition under sections 432 and 433 Cr.P.C. seeking to suspend Sharma’s death sentence.
Pawan Kumar Gupta has moved a Delhi court seeking registration of FIR against two policemen of Mandoli jail, alleging that they thrashed him, causing severe head injury. The court has issues a notice to the jail administration seeking a reply. The matter has been listed for 12 March.
One of the four death row convicts in the 2012 Nirbhaya gang rape and murder case, Vinay Sharma, on Friday approached the Delhi High Court claiming there were procedural lapses and "constitutional irregularities" in the rejection of his mercy plea by president Ram Nath Kovind, PTI reported.
The petition on behalf of Sharma was moved by his lawyer, AP Singh, who said the matter has been filed in the high court registry.
The plea claims the recommendation sent to the President to reject the mercy plea did not contain the signature of Delhi Home Minister Satyendar Jain.
Hangman Pawan will reach Tihar Jail on 17 March for the 20 March hanging of the Nirbhaya case convicts. Jail officials will be conducting a dummy execution before the date of hanging, ANI reports, quoting Tihar Jail sources.
The Supreme Court on Monday rejected the plea of Mukesh Singh, one of the four death-row convicts, seeking restoration of all his legal remedies alleging that his earlier lawyers misled him.
A bench of Justices Arun Mishra and MR Shah held Singh's plea as not maintainable saying that the review petition and the curative petition have both been dismissed in the case, reported PTI.
The convict had sought quashing of all orders passed by courts and the rejection of his mercy petition by the President since the day his curative petition was dismissed by the apex court on the ground that the earlier lawyer Vrinda Grover had misled him.
The plea, filed through advocate ML Sharma, sought a CBI probe into alleged "criminal conspiracy" and "fraud" hatched by the Centre, the Delhi government and advocate Vrinda Grover, who is the amicus curiae in the case.
Three convicts in the 2012 Nirbhaya gang rape and murder case have approached the International Court of Justice (ICJ) seeking a stay on the execution of their death sentence, ANI reported on Monday. The three convicts are Akshay, Pawan and Vinay.
Speaking about the move to approach the ICJ, convicts’ lawyer AP Singh said, “NRIs, their organisations, were watching the case. Copies of petitions by different organisations came, which demanded that records of the case be put before ICJ, urgent hearing be done and death warrant be stayed. We trust the Indian judiciary, but they don't. They have knocked the ICJ's doors.”
One of the four death row convicts in the 2012 Nirbhaya gang rape and murder case on Tuesday, 17 March, moved a Delhi court to seek quashing of his death penalty on the grounds that he was not in the city on the day of the crime.
However, the public prosecutor told the court that convict Mukesh Singh’s plea against death penalty was frivolous and was a tactic to delay the hanging. The court then reserved its order on the plea, which is to be pronounced shortly.
Mukesh Kumar's plea before Additional Sessions Judge Dharmendra Rana claimed that he was arrested from Rajasthan and brought to Delhi on 17 December 2012, one day after the crime, PTI reported.
The plea, three days before the four men convicted for the gang rape and murder are scheduled to be hanged, also alleged that he was tortured inside the Tihar jail.
Delhi court dismisses convict Mukesh's plea seeking quashing of death penalty.
Akshay, one of the convicts in 2012 Delhi gangrape case, filed a second mercy petition to the jail authorities today, addressed to the President of India, Tihar Jail official told ANI. This will also be forwarded to the Ministry of Home Affairs (MHA) through Delhi Government.
Pawan Kumar Gupta, one of the four convicts, today filed another curative petition before the Supreme Court, claiming that at the time of committing the offence, he was a minor and thereby, his death sentence should be commuted to life.
One of the four death row convicts in the 2012 Nirbhaya gang rape and murder case, Mukesh Singh, approached the Delhi High Court on Wednesday, 18 March, challenging a trial court order dismissing his plea that he was not in the national capital when the crime took place on 16 December 2012.
The high court will hear the plea later in the day.
Convicts have moved Delhi Court seeking stay on sentence of the death penalty on the grounds of pendency of various legal applications, appeals and second mercy plea.
The court has issued notice to Tihar Jail and will take up the matter tomorrow.
Delhi HC dismissed the plea of one of 4 death row convicts, Mukesh, seeking quashing of death penalty, claiming that he wasn't in Delhi when gang-rape took place.
The Supreme Court on Thursday dismissed the curative petition of one of the four death row convicts in the Nirbhaya case. The plea of Pawan Gupta claimed he was a minor at the time of the commission of the offence.
Speaking a day before the scheduled hanging of the convicts in the Nirbhaya case, the victims's mother, Asha Devi, said, "The court gave them so many opportunities that they have become habituated to bring something ahead of the hanging and get it postponed. Now, our courts are aware of their tactics. Nirbhaya will get justice tomorrow."
Mukesh Singh, one of the four death-row convicts, moved the Supreme Court on Thursday, challenging a Delhi High Court order which rejected his claim that he was not in the national capital when the crime was committed on 16 December 2012.
A Delhi court on Thursday reserved its order on the convicts' plea in the 2012 Nirbhaya gang case seeking stay on the execution of death penalty scheduled for 20 March.
Earlier on Thursday, the court was told that no legal remedies of any of the four convicts were pending in any of the courts.
Additional Sessions Judge Dharmender Rana was informed by the public prosecutor that second mercy pleas of two convicts, Akshay Kumar Singh and Pawan Gupta, were not entertained and were rejected on the ground that the first one was entertained and considered on merit
Death row convict Akshay on Thursday moved the Supreme Court challenging the rejection of the mercy petition by the President.
The Supreme Court on Thursday refused to entertain the plea of convict Mukesh Singh claiming he was not in Delhi when the crime was committed on 16 December 2012.
Nirbhaya convicts’ lawyer AP Singh said on Thursday that “there are post mercy remedies available.” All facts not considered properly in this case, he added, while citing the Shatrughan Chauhan judgment.
Singh has submitted that a number of cases in relation to the accused persons remain pending before various courts, including Akshay Singh's divorce case, Vinay's case alleging torture in prison, among others. "What would happen of these cases after execution?" he asked.
During the hearing on Thursday, Justice Bhushan has asked as to how many of the submissions made by Singh are relevant at this point.
Justice Banumathi said, " The Court is not inclined to entertain the plea. All the arguments have already been heard at length several times."
Meanwhile, convicts' lawyer AP Singh continues to argue.
Supreme Court on Thursday, rejected plea filed by Akshay Singh challenging the decision of the President of India rejecting his mercy plea.
The Court said that there is limited scope of judicial review and it finds no reason to interfere with the President's decision.
Meanwhile, an Additional Sessions Court in Delhi today dismissed their application to stay the execution of death warrant.