Another door slams on Nirbhaya rapists

The Supreme Court on Monday rejected review petitions filed by three of the four convicts in the Nirbhaya case and upheld the death punishment for the horrific 2012 gang rape and murder of a young Delhi professional.

Chief Justice Dipak Misra, Justice R. Banumathi and Justice Ashok Bhushan said the petitions lacked grounds for a review.

Convicts Mukesh, 29, Pawan Gupta, 22, and Vinay Sharma, 23, had sought recall of the Supreme Court's May 5, 2017, verdict upholding the death sentence awarded by a trial court and confirmed by the Delhi High Court.

The fourth, Akshay Kumar Singh, 31, had not filed for a review. Pronouncing the judgement, Justice Bhushan said the review petition must show an error resulting in miscarriage of justice. He said none of the petitions by the convicts pointed out to an error leading to miscarriage of justice.

The court also said the hearing on the appeals against the Delhi High Court judgement confirming the death sentence had lasted 38 days; so, the defence lawyers were given full opportunity to state their cases.

The victim's mother Asha Devi said she hoped the convicts would be executed soon. "There is more fight ahead, but we have got justice once again. We hope that the legal formalities are taken care of and the culprits are taken to the gallows as soon as possible."

Union Minister for Women and Child Development Maneka Gandhi said she was "satisfied" with the Supreme Court verdict that led to the amendment of the Criminal Procedure Code to make rape punishable with death penalty.

The convicts, who lived in Delhi, are now left with another legal option, pleading for a relook at the death sentences through a curative petition. Curative petitions are filed to challenge the death penalty on the grounds that an evidence or a legal point was not argued, violating principles of natural justice.

If curative petition is also dismissed, then a mercy petition can be filed before the President of India who takes a call on the basis of the opinion given by the central government.