A Delhi court stays execution of the four convicts in Nirbhaya case as mercy plea of one of them is pending
Convicts Mukesh Singh, Vinay Sharma, Akshay Thakur and Pawan Gupta. File pic
New Delhi: The four death row convicts in the Nirbhaya gang-rape and murder case will not be hanged on Saturday morning as a Delhi court on Friday postponed the execution of their black warrants till further order.
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Additional Sessions Judge Dharmender Rana passed the order on the plea by the convicts seeking adjournment of the executions "sine die". Mukesh Kumar Singh, 32, Pawan Gupta, 25, Vinay Kumar Sharma, 26, and Akshay Kumar, 31, were scheduled to be hanged on February 1 at 6 am.
This is for the second time that the execution of the death warrants has been deferred. The first order for execution of death sentence, issued on January 7 for January 22, was stayed on January 17. The second warrant, issued on January 17, for February 1 was stayed on Friday.
Asha Devi, Nirbhaya's mother
Advocate A P Singh, the counsel for the three convicts — Pawan, Vinay and Akshay — had urged the court to adjourn the matter "sine die" saying their legal remedies were yet to be exhausted.
The Tihar jail authorities had challenged their application saying it was not maintainable and the death row convicts can be hanged separately. But, their argument was not accepted by the court.
The convicts' lawyer had argued that rules dictate that when one convict's plea is pending the others cannot be hanged. Vinay's mercy plea before the President is pending.
In the order, the judge noted that if an appeal or an application is made by only one convict, the execution of sentence shall be postponed in the case of co-convicts also.
The judge said, "Without commenting upon the dilatory tactics adopted by the convicts, suffice it would be to state that seeking redressal of one's grievances through procedure established by law is the hallmark of any civilised society. The courts of this country cannot afford to adversely discriminate any convict, including death row convict, in pursuit of his legal remedies, by turning a Nelson's eye towards him."
"The jail superintendent is directed to file the compliance report by tomorrow," it said. Nirbhaya's mother Asha Devi said her "hopes are dashed" but she will continue her fight till the convicts are hanged.
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