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Nirbhaya Convicts To Hang On March 20 At 5:30 am, Says Delhi Court


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Nirbhaya case: The death warrant was issued a day after President Ram Nath Kovind rejected the mercy petition of Pawan Gupta, the last of the four death row convicts.

New Delhi:

The four convicts, who got death penalty for the gangrape and murder of a 23-year-old medical student in Delhi - dubbed Nirbhaya - more than seven years ago, will be hanged on March 20, at 5:30 am. This is the fourth death warrant issued by a Delhi court.

The death warrant was issued a day after President Ram Nath Kovind rejected the mercy petition of Pawan Gupta, the last of the four death row convicts. With the President's rejection, the convicts had exhausted all options for relief from the death sentence.

Additional Sessions Judge Dharmendra Rana fixed March 20 as the new date of execution after it was told by the Delhi government that the convicts have exhausted all their legal remedies. The lawyer for the four death row convicts also told the court that there was no legal impediment for court in proceeding to fix the date of execution.

The authorities of Delhi's Tihar Jail, where the men are lodged, had said they approach courts for a fresh date of execution.

"I hope this is the final date and they would be hanged on March 20. While dying Nirbhaya asked to ensure they get such punishment that such crime is not repeated ever," Nirbhaya's mother Asha Devi said.

On Monday, the Patiala House court had refused to hold the execution of the four Nirbhaya case convicts, who were to be hanged at 6 am on Tuesday.

The same day, the court dismissed an application to stay the execution of Akshay Thakur, 31, Pawan Gupta, 25, Vinay Sharma, 26, and Mukesh Singh, 32, who had staggered multiple petitions challenging their death sentence. The court, while reserving judgement on Pawan Gupta's mercy petition, tore into the convict's lawyer for filing the petitions at this stage.

The four convicts, along with two others - one of them a minor - had gang-raped the young woman and tortured her with an iron rod on the night of December 16, 2012. She died on December 29 at a hospital in Singapore.

One of the attackers, just short of 18 when the crime was committed, was released after spending three years at a reform home. The main accused, Ram Singh, was found hanging in jail.

The brutality of the attack had outraged the nation bringing thousands on the streets in protest, which led to key changes in the law and security system.

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4 Delhi gang-rape convicts to be hanged on March 20, orders judge in 4th death warrant

The order came a day after President Ram Nath Kovind rejected the mercy petition of Pawan Gupta.

This is the fourth death warrant issued by the Delhi court in 2012 gang-rape case.

 

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Nirbhaya Rape And Murder Case: 'Still Have A Lot To Raise, Will Defend Convicts For As Long As I Can'

A.P. Singh, a lawyer for death-row convicts in the Nirbhaya case, is in the eye of a storm for using the law and delaying their hanging

Nirbhaya Rape And Murder Case: 'Still Have A Lot To Raise, Will Defend Convicts For As Long As I Can'

A.P. Singh, a lawyer for death-row convicts in the Nirbhaya gang-rape and murder case, is in the eye of a storm for using legal provisions to delay their hanging. Singh tells Jeevan Prakash Sharma that he is only helping the poor get their legal rights guaranteed in the Constitution.

Now that the fourth and last convict Pawan Gupta has filed his mercy petition, there is no remedy available to anyone to delay hanging. What will you do now?

Who says there is no legal option available to them? I still have a lot of issues to raise before the court, which I will keep doing at the right time. My next move is to file a curative petition against the Supreme Court order dismissing Pawan’s review petition regarding his juvenility. I will try to save them from the gallows for as long as I can.

Why do you want to save them knowing they have committed a heinous crime?

I will listen to my conscience, which says that they are innocent. I know they are ­innocent. As their lawyer, it is my duty to ­defend them by any possible means.

How can you say they are innocent despite scientific evidence such as DNA profiling?

 

“Who says they have no legal option now? I still have a lot of issues to raise before the court."
 

I have stronger evidence to prove they are innocent. Take Pawan Gupta, for example. He is a juvenile and we have valid documents that the courts have verified. But due to media pressure, they are not acknowledging it. It is a media trial. There is ­another instance of subversion of the process of law. A ­former law officer of Tihar recently released a book named Black Warrant. He has written that the investigating officer was trying to help the eyewitness identify the accused ­during the test identification parade (TIP) in Tihar Jail, though he is not supposed to be there. Only the magistrate and the eyewitness go inside the jail for the TIP. There are numerous blatant violations of judicial norms that the courts overlooked under media pressure.

Aren’t you denying the mother of the 22-year-old student victim the justice she deserves?

She has exercised her right to get an FIR lodged and ­investigation completed. That’s the right the Constitution of India has bestowed on every citizen. There is no law that says a victim has a right to get a convict hanged. Why doesn’t society talk about the rights of ­relatives of Jessica Lal, Nitish Katara, the Nithari kids, the victims of the 1984 riots and many others whose lives ended in a tragic manner? In all these cases, the convicts ­enjoyed political backing and got away with lesser punishment. Tell me how many ­convicts in those cases have been hanged till date? Have all legal rights been bestowed only on Nirbhaya’s mother? That’s ridiculous.

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Nirbhaya: SC to hear on March 23 Centre's plea against Delhi HC verdict on hanging 4 convicts together

Solicitor General Tushar Mehta told the bench, headed by Justice R Banumathi, that the trial court has fixed March 20 as date of execution of the four convicts who have exhausted all their legal remedies.

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On 3/5/2020 at 6:20 PM, kidney said:

one last chance to get postponed.

Pawan Gupta is left with one last chance "Curative Petition " after rejection from president

Nirbhaya case twist: Mukesh wants to file curative, review pleas again. Here's why

Nirbhaya convict Mukesh Singh is claiming that his court-appointed amicus curiae, Vrinda Grover, earlier "forced" him to sign curative and mercy petitions.

Mukesh Singh, one of four men on death row for gangraping Nirbhaya, has moved the Supreme Court claiming that his court-appointed amicus curiae, Vrinda Grover, "forced" him to sign curative and mercy petitions.

He claims Vrinda Grover "falsely" informed him that under court orders, he had to file a curative petition within seven days of the issue of a death warrant on January 7.

In a plea filed through Advocate ML Sharma, Mukesh Singh claims the limitation period to file a curative petition was three years from the date of dismissal of the review plea.

His review petition was dismissed by the Supreme Court in July 2018.

Mukesh Singh is now asking the court to "restore" the rights available to him, and allow him to file curative and mercy petitions till July 2021.

Mukesh's family earlier removed him as his lawyer but reinstated him on Thursday, when he appeared before the Patiala House Court with a vakalatnama.

During Supreme Court proceedings on Thursday, Sharma raised the argument against Vrinda Grover, but was warned by the court to "not make disparaging remarks" against her.

On Thursday, a Delhi court issued fresh death warrants for Mukesh Singh and the other Nirbhaya convicts, and set the date of their hanging on March 20.

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Delhi gang rape convict Mukesh Singh wants to file a new appeal, says lawyer mislead him

The plea, filed through advocate M L Sharma, sought a CBI probe into alleged “criminal conspiracy” and “fraud” hatched by the Centre, Delhi government and advocate Vrinda Grover, who is the amicus curiae in the case.

Mukesh Singh, one of the four death row convicts in the 2012 gang-rape and murder case, moved a plea in the Supreme Court on Friday seeking restoration of all his legal remedies, alleging that his lawyers had misled him.

The plea, filed through advocate M L Sharma, sought a CBI probe into alleged “criminal conspiracy” and “fraud” hatched by the Centre, Delhi government and advocate Vrinda Grover, who is the amicus curiae in the case.

A trial court here on Thursday issued fresh warrants with March 20, 5.30 am, as the date for the execution of the convicts -- Mukesh Singh (32), Pawan Gupta (25), Vinay Sharma (26) and Akshay Kumar Singh (31).

“Petitioner (Mukesh) is victim of criminal conspiracy and fraud played and hatched jointly by the R-1 (Ministry of Home Affairs), R-2 (Delhi government) and R-3 (Vrinda Grover) and other advocate who appeared in the session court, high court and the Supreme Court in the petitioner’s death warrant case.

 

“They compelled him to sign various papers under threat of session court order (which was never issued by the session court) stating that court has directed her to secure various signed documents from him to file various petitions, including curative petition, on his behalf in the high court and the Supreme Court in his death sentence case,” the plea said.

The petition contended that the respondents “knowingly and deliberately” for vested and political interests hatched a joint criminal conspiracy against Mukesh Singh and visited Tihar Jail and met the petitioner asking him to sign various documents.

The plea said that they asked him to sign vakalatnama stating that the session court have issued order to get various documents signed by him to file curative petition for him in all courts.

 

“Being pressurised/feared due to so-called session court order, the petitioner signed various sets of vakalatnama for her and signed other papers for her. Recently the petitioner came to know that there was no such session court order,” the plea said.

The petition claimed the limitation period to file a curative petition was three years from the date of dismissal of the review plea and sought to “restore” the rights available to him and allow him to file curative and mercy petitions till July 2021.

A 23-year-old physiotherapy intern, who came to be known as ‘Nirbhaya’ (fearless), was gang-raped and savagely assaulted in a moving bus in south Delhi on December 16, 2012. She had died after a fortnight.

 

Six people, including the four convicts and a juvenile, were named as accused. Ram Singh, the sixth accused, allegedly committed suicide in Tihar Jail days after the trial began in the case.

The juvenile was released in 2015 after spending three years in a correctional home.

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