PREZ REJECTS LAST NIRBHAYA CONVICT’S MERCY PETITION
Fresh death warrant in Nirbhaya case soon
New Delhi, March 4: The Delhi government on Wednesday moved a city court seeking a fresh date for execution of the four convicts in the 2012 Nirbhaya gangrape and murder case, after President Ram Nath Kovind rejected the last remaining mercy plea in the case.
After exhausting almost all legal remedies, a Delhi court is all set to sign the final death warrant for the execution of all the four convicts in the Nirbhaya gangrape and murder case.
On Wednesday, soon after President Ram Nath Kovind rejected the mercy petition of Pawan Kumar Gupta (25), one of the four convicts, the Delhi government approached the sessions court to issue fresh death warrants against the convicts.
This will be the 4th time that the court will be issuing death warrants against the convicts. The first death warrant for their execution was for January 22, second for February 1 and the latest was for March 3.
The 23-year-old physiotherapy intern, who was gangraped and savagely assaulted in a moving bus in South Delhi on December 16, 2012, has come to be known as Nirbhaya, the Fearless One, as she herself had given a detailed account about the horror she and her male friend went through on the fateful night. Her statement was recorded by a sub-divisional magistrate at Safdarjung hospital.
The case which shook the conscience of the nation was tried in a fasttrack court. Ater the trial proceedings, the case again hogged the limelight after Nirbhaya’s family and social activists accused the convicts of using legal provisions merely to delay their hanging. But the courts maintained they cannot afford to adversely discriminate any convict, including death row convict, in pursuit of his or her legal remedies, by turning a Nelson’s eye towards them.
Now, the only legal option left with Pawan is to challenge the President’s order on his mercy petition before the SC, which had earlier rejected similar pleas by the other three convicts — Akshay Thakur (31), Vinay Sharma (26) and Mukesh Singh (32). Once President rejects a mercy petition, the convicts are to be given at least 14 days’ time before hanging to make their last wish.
On Wednesday, the prosecution told additional sessions judge Dharmendra Rana that all legal remedies of the convicts have been exhausted and nothing survives now. At this point, the court directed the convicts to file their response by Thursday.
When the prosecution contended that no such notice was required, the judge said the principles of natural justice are part of Article 21 (right to life and personal liberty) of the Constitution and the sacrosanct principle of “Audi alteram partem” (listen to the other side) cannot be ignored.
Nirbhaya’s parents said they were now hopeful that the convicts would be hanged this month and justice would be finally delivered to them after a long wait.
Earlier in the day, the Delhi High Court declined to entertain a plea seeking directions to the NHRC to intervene and enquire into the mental and physical state of the four convicts.