New Delhi, February 7: Patiala House Court after the conclusion of the arguments dismissed the prosecution plea stating that death warrants cannot be issued on the basis of conjecture alone. The Court refused to issue a new death warrant against the convicts in the Nirbhaya gangrape and murder case. According to an ANI update, the Court further said, "It is criminally sinful to execute the convicts when the law permits them to live."
Additional Sessions Judge Dharmendra Rana took note of the Delhi High Court's February 5 order permitting the convicts to exercise their legal remedies within one week. Nirbhaya Case: Delhi Court to Hear Plea of Tihar Jail Authorities Seeking Issuance of Fresh Death Warrants Against Convicts, SC to Also Hear Centre's Appeal Today.
The judge was quoted saying, "I concur with counsel for convicts that death warrants cannot be executed merely on basis of surmises and conjectures. The application is bereft of merit. Same is dismissed. The state is at the liberty to move appropriate application as and when required."
The Delhi Court gave the convicts a week's time to exercise all the legal options available to them after which court will begin proceeding for their hanging. President Ram Nath Kovind on Wednesday rejected the mercy petition of Akshay Thakur, one of the four convicts in the 2012 Nirbhaya gang-rape and murder case.
Check ANI tweet:
2012 Delhi gang-rape case: A Delhi Court said, “it is criminally sinful to execute the convicts when the law permits them to live" while dismissing the plea seeking issuance of fresh date of execution
— ANI (@ANI) February 7, 2020
The centre had earlier said that the accused were trying to test the patience of the nation and were using all the possible loopholes in the system just to delay the execution. The trial court on January 7, had issued black warrants for the execution of all the four convicts in Tihar jail at 7 AM on January 22. However, they could not be hanged due to pendency of mercy petition of one of them.
Then on January 17, the trial court fixed February 1, 6 AM as the hanging date and time. However, this time as well, the trial court had to postpone the execution indefinitely after a second convict, Vinay Sharma, filed a mercy petition before President Ram Nath Kovind. Just after his appeal was turned down, convict Akshay Singh, filed his mercy plea.
The Nirbhaya case is related to the gangrape and murder of a 23-year-old paramedical student on December 16, 2012. Vinay Sharma, Pawan Gupta, Mukesh Singh and Akshay Singh - the four accused have been convicted for the gang-rape and murder of the Nirbhaya.
(With additional inputs from agencies)