Nirbhaya case: Death row convict seeks judicial review of rejection of mercy petition

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NEW DELHI: The hanging of the four convicts in the 2012 Nirbhaya gang rape and murder case is likely to be delayed with the four death row convicts filing one petition after another on various grounds.

 

Close on the heels of the disposal of three of the death four row convict’s petition for more documents by a Delhi court, another convict on Saturday moved the Supreme Court seeking judicial review of the rejection of mercy petition by the President.

The petition has been filed by advocate Vrinda Grover on behalf of convict Mukesh Kumar Singh (32) whose mercy plea was dismissed by President Ram Nath Kovind on January 17 in terms of the SC judgement in Shatrughan Chauhan case, according to Times of India.

The warrant for execution of death sentence for the four convicts has been fixed on February 1 at 6 am. Mukesh had moved the mercy petition after the Supreme Court had dismissed his curative petition against his conviction and death sentence.

Along with his, the apex court had also rejected the curative petition of another death row convict Akshay Kumar (31). Other two convicts Pawan Gupta (25) and Vinay Kumar Sharma are yet to file curative petitions before the Supreme Court.

While disposing off the petition of three death row convicts, Additional Sessions Judge Ajay Kumar Jain had observed that the convicts were adopting tactics to delay the hanging.

Earlier on Thursday, the apex court while observing that the "finality" of death sentence is extremely important warned the condemned prisoners not to be under the impression that the penalty remains "open-ended" and can be challenged all the time.

The court stressed it has to act as per law and judges also have a duty towards the society and the victims to deliver justice. The observations were made by a bench comprising Chief Justice SA Bobde and Justices SA Nazeer and Sanjiv Khanna while hearing the review pleas of a woman and her lover for killing seven members of her family including parents, two brothers and their wives and strangulating her 10-month-old nephew in Uttar Pradesh in 2008.

"One cannot go on fighting endlessly for everything," it said. "The finality of death sentence is extremely important and a condemned prisoner should not be under the impression that the death sentence remains open-ended and can be questioned by them all the time," the court observed.

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