It is the case that shook the nation and emphasised the need for women protection and how much we are lacking in women protection. The rape convicts were given two death waraants but still the execution is not completed. It was contended that hurried justice is denied justice and the accused were allowed to file Mercy petition. Since all the mercy petitions have been refused, the Court has adjourned the plea and execution till February 11.
Authorities of Tihar Jail decided to seek a date to execute the four convicts who committed the gruesome act of rape to Nirbhaya. The application is moved by the authorities under Section 413 of Code Criminal Procedure (CrPc) as a mercy petition preferred by convicts is rejected both by The President of India and Apex Court of India. The Additional Sessions Court Judge Dharmendra Rana sought response from convicts in the application; the matter will be heard on 7th February 2020. The application for authorities filed by Prosecutor Irfan Ahmed in submission mandated about the order of Delhi High Court, which has refused to set aside the order made by Trial Court to postpone the execution sine die and provided seven days limit to use every legal remedy. The first death warrant was issued on 7th January; against the four convicts for execution on 22nd January 2020. The second warrant was issued for 1st February 2020 issued by the court on 22nd January 2020 as the mercy petition was rejected by the President of India on 17th January 2020.
Union Information and Broadcasting Minister in Modi’s government blamed the State Government of Aam Aadmi Party (AAP) in the delay to hang the convicts despite being a sensitive issue. The Supreme Court rejected the plea for abstaining the execution of convicts more than a year ago but Tihar Jail delayed their execution which makes the delay due to the government. The lawyer of Nirbhaya’s convict says whatever is happening in delay for execution is based on the rules processed by the law. It is unjust to hang the convicts in a hurry and questioned the hastiness of Delhi High Court in this case, Justice hurried is justice buried. He brought the awareness to the Red-fort bomb blast accused Arif Alias Ashfaq whose curative petition, review petition, Special Leave Petition (SLP) and Mercy Petition have rejected, despite that neither Delhi Government nor Tihar Jail has given notice for hisexecution.
Key-Features:-
- Trail against convicts started in fast track court in 2013.
- One of the convicts garroted himself inside the jail during the trail in 2013.
- The Government has already challenged the orders of High Court in Supreme Court.
- The Additional Sessions Court issued notices to all convicts.
- No legal proceedings pending after the rejection of Akshay’s mercy plea.
Edited by J. Madonna Jephi
Approved & Published – Sakshi Raje
Reference
- Bar & Bench, Nirbhaya: Tihar Jail moves Delhi Court seeking date of execution for four convicts https://www.barandbench.com/news/litigation/nirbhaya-tihar-jail-moves-delhi-court-seeking-date-of-execution-for-four-convicts
- Live Law. in, Nirbhaya Case: Tihar Jail Moves Court For Fresh Death Warrants Against Convicts https://www.livelaw.in/news-updates/nirbhaya-case-tihar-jail-moves-patiala-house-seeking-fresh-death-warrant-152405
- Swarajya, Nirbhaya Rape Case: Tihar Jail Authorities Move Court Seeking Issuance Of Fresh Death Warrants Against Four Convicts https://swarajyamag.com/insta/nirbhaya-rape-case-tihar-jail-authorities-move-court-seeking-issuance-of-fresh-death-warrants-against-four-convicts
