SC rejects curative petition of convict in Nirbhaya case

Of the four convicts, Mukesh Kumar Singh has exhausted all his legal remedies, including the mercy plea which was dismissed by President Ram Nath Kovind

New Delhi: The Supreme Court on Thursday dismissed the curative petition of one of the four death row convicts in the Nirbhaya gang rape and murder case saying “no case is made out”. The top court also rejected convict Akshay Kumar Singh’s plea seeking stay of his execution. “The application for oral hearing is rejected,” said the bench.

Death-row convicts in the Nirbhaya case on Thursday took another step, which may delay their scheduled February 1 hanging, by moving a trial court with a plea to adjourn the execution “sine die” saying they are yet to avail their remaining legal remedies even as the Supreme Court dismissed the third curative petition.

Of the four convicts, Mukesh Kumar Singh has exhausted all his legal remedies, including the mercy petition which was dismissed by President Ram Nath Kovind on January 17, and the appeal against the rejection was thrown out by the apex court on Wednesday.

Convict Vinay Kumar Sharma had, on Wednesday, filed a clemency plea before the President and the apex court, on Thursday, rejected the curative petition of Akshay Kumar Singh, who is likely to file a clemency plea soon.

Pawan Gupta is yet to file a curative petition in the top court. The day witnessed fast-paced development with the counsel for Vinay, Akshay, and Pawan rushing to a trial court seeking stay on their executions saying legal remedies of some of them are yet to be availed.

Special Judge A.K. Jain posted the matter for hearing in the post-lunch session after a five-judge bench of the apex court in the afternoon rejected the curative plea of Akshay, saying “no case is made out” and also declined to stay his execution.

Hours after the apex court development, the trial judge issued notice to the Tihar jail authorities seeking their response on the plea by three convicts, which the prosecution said was a “mockery of justice” and was only a “delaying tactic.”

While all eyes would be in the trial court on Friday, when the matter would be taken up for hearing at 10.00 am, reports have already appeared that Pawan Jallad, a hangman from Meerut prison, has reached Tihar jail two days ahead of the scheduled execution.

The Delhi prison rules state that none of the four convicts in the same case can be hanged before the last one has exhausted all legal options, including the mercy plea.