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Convicts Have No Right to Live: Nirbhaya’s Mother on Hanging Stay

A Delhi court stayed the execution of the four convicts till further order.

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Nirbhaya’s mother, Asha Devi, on Friday, 31 January, said she will continue her fight till the convicts in the 2012 Nirbhaya gang-rape and murder case are hanged, shortly after a Delhi court stayed the execution of the four convicts till further order.

While addressing the media, Nirbhaya’s mother stated that the lawyer of the convicts, AP Singh, has challenged her by saying the convicts will never be executed.

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‘Hopes Dashed But Will Continue Fighting’

Additional Sessions Judge Dharmender Rana passed the order on plea by the convicts seeking a stay on their execution, which was scheduled for Saturday, 1 February. The court had reserved its order in the pre-lunch session.

“These convicts have no right to live. We keep getting disappointed by the system. I will continue my fight till the convicts are hanged.”
Asha Devi, Nirbhaya’s Mother

The court did not agree with the Tihar Jail authorities which had challenged the application of three convicts in the case seeking a stay on their execution.

Revised black warrants for the execution of the death sentence against Pawan Gupta, Vinay Kumar Sharma, Akshay Singh and Mukesh Kumar Singh, were issued on 17 January, setting the date of execution as 1 February.

The convicts' lawyer argued that rules in the Delhi Jail Manual dictate that when one convict's plea is pending the others cannot be hanged.

Curative Petition of 2 Convicts Rejected by SC

Advocate A P Singh, representing the convicts Pawan, Vinay and Akshay urged the court to adjourn the executions "sine die" (with no appointed date for resumption). Vinay's mercy plea before President Kovind is pending.

Following the Supreme Court’s rejection of his curative petition, the mercy plea of the fourth convict, Mukesh, was dismissed by President Ram Nath Kovind on 17 January. His petition against the rejection was also dismissed by the Supreme Court on Wednesday, 29 January.

The curative petitions of Vinay and Akshay have also been rejected by the apex court. Vinay’s mercy petition is currently pending before the president, while Akshay is yet to file his. Pawan is the only convict who hasn’t yet filed a curative petition – after which he would be expected to file a mercy plea as well.

A 23-year-old physiotherapy intern who came to be known as ‘Nirbhaya’ (the fearless one) was gang-raped and assaulted on the night of 16 December 2012, in a moving bus in South Delhi. She died of her injuries a fortnight later in a Singapore hospital.

(With inputs from PTI and IANS)

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