Nirbhaya: Convicts to be hanged tomorrow, Delhi Court rejects petitions
What's the story
A day ahead of the execution of the four death-row convicts in the 2012 Nirbhaya gangrape and murder case, the Supreme Court rejected the curative petition of convict Pawan Gupta (25). Separately, President Ram Nath Kovind also refused to entertain the second mercy petitions filed by Pawan and fellow convict Akshay Kumar (31). There is no stay on their execution. Here are more details.
Details
No case made out; plea dismissed
According to PTI, a six-judge SC bench, headed by Justice NV Ramana, dismissed Pawan's curative petition as "no case was made out." The bench also comprised Justices Arun Mishra, RF Nariman, R Banumathi, Ashok Bhushan and AS Bopanna. Pawan's plea had asserted that he was a minor at the time of the crime and should be tried as a juvenile.
Backstory
Pawan's mercy and curative pleas have already been rejected
Pawan, and other convicts, have exhausted all legal remedies available to them. Pawan's initial curative petition was dismissed by SC on March 2. In the plea, Pawan had reiterated his claim of being a minor when the crime was perpetrated. It has been established that Pawan was 18 years old at the time. On March 4, President Kovind also rejected Pawan's mercy plea.
Fresh mercy pleas
President refused to entertain Pawan, Akshay's fresh mercy pleas
According to ANI, President Kovind on Thursday refused to entertain a second mercy plea filed by Pawan. The President did not entertain convict Akshay's mercy plea, either. Akshay's first mercy plea was rejected by the President on February 5. Yet, he filed a fresh plea on February 29 claiming the original petition did not have "complete facts."
Other developments
Separately, convict Mukesh moved plea in SC today
A third convict, Mukesh Kumar Singh (32), moved the SC on Thursday claiming he was not in Delhi on the day of the crime, challenging a trial court order. Mukesh's plea was heard by the court at 2:30 pm on Thursday, which was dismissed. Mukesh had on Wednesday moved the Delhi High Court making the same claim. However, the court dismissed his plea.
Mukesh's plea
Mukesh's plea claims he wasn't in Delhi when crime occurred
Mukesh had filed the plea in Delhi trial court, however, it was dismissed. In the plea, he claimed that he was arrested from Rajasthan and was brought to Delhi a day after the crime occurred on December 16, 2012. He asserted he was not in Delhi when the crime was perpetrated. He also claimed that he was tortured in the Tihar Jail.
Information
3 Nirbhaya convicts also moved International Court of Justice
Three of the four Nirbhaya convicts—Pawan, Akshay, and Vinay Kumar Sharma (26)—have also approached the International Court of Justice (ICJ), seeking a stay on their execution. On Tuesday, former Supreme Court Judge BN Srikrishna remarked that the ICJ has no jurisdiction in the matter.
Execution
Convicts to be hanged at 5:30 am on Friday
Thus far, there has been no stay on the execution of the four convicts. They are scheduled to be hanged at 5:30 am on March 20 (tomorrow). Their execution has been deferred thrice before as all four convicts filed mercy and curative petitions after the issuance of death warrants. Three of the convicts have reportedly had their final face-to-face meetings with family members.
Nirbhaya case
What is the Nirbhaya gangrape and murder case?
The four convicts, and two others, raped a 23-year-old student (dubbed "Nirbhaya") on a moving bus on December 16, 2012. The convicts penetrated her with iron rods, inflicting grave injuries, and the victim died two weeks later during treatment. The fifth accused, Ram Singh, allegedly committed suicide in prison in 2013. The sixth accused—a juvenile—was sent to a reformation home and was later released.