Not over: Convicts will file review petition

LAWYER AP SINGH SAYS THE SUPREME COURT SUCCUMBED TO PUBLIC PRESSURE, PROTESTS

Within hours of the Supreme Court confirming the death penalty to all four convicts in the December 16 gangrape and murder case, a lawyer representing two of the convicts said he will move a review petition before the top court.

The Supreme Court on Friday rejected the appeals of the four convicts — Akshay Thakur, Mukesh Singh, Pawan Gupta and Vinay Sharma — and confirmed the death sentences that were handed to them by the Delhi high court.

The top court has succumbed to public pressure and the demonstrations which were carried out in protest against the incident, advocate AP Singh, who was the defence counsel for Thakur and Sharma, said.

Advocate ML Sharma also said a review petition will be filed as he claimed that one of his clients, Mukesh Singh, was implicated in the case.

“Terrorists are getting relief from the judiciary. But we have full faith in the SC. All the four hail from poor background and I hope they will get justice. We will file the review petition after reading the judgement,” Singh said .

Here is a look at the various mercy options remaining before the convicts.

A review petition can be moved before the top court within 30 days of the date of judgment. It is heard by the same judges who had pronounced the first verdict and the hearing happens inside the judges’ chamber. The judges can allow the hearing to happen in an open court, permitting oral arguments from counsel representing the convicts, only if they find something substantial in the review petition. However, it is rare that a review petition succeeds in the SC.

If the review petition fails, the convicts can then move a curative petition before the top court. It is the last judicial resort available for redressal of grievances in a court of law. A curative petition is generally circulated to a bench of three of the senior most judges and the judges who passed the judgment under challenge, if the latter were still available. This petition can only be filed if a senior advocate certifies that it meets the requirements of the case. But chances of its success are very low.

The convicts can also take the route of seeking pardon from the President of India as a last ditch attempt to save themselves.

As per Article 72 of the Constitution, the President of India has the power ‘to grant pardons, etc, and to suspend, remit or commute sentences in certain cases.

WITH PTI INPUTS