The Delhi government moved a court on Wednesday seeking fresh date for the execution of four convicts in the 2012 Nirbhaya gang rape and murder case. Additional sessions judge Dharmendra Rana directed the convicts to file their response by Thursday.
A 23-year-old paramedic student, who came to be known as Nirbhaya, was gang-raped on the intervening night of December 16-17, 2012 inside a running bus in south Delhi by six persons and severely assaulted before being thrown out on the road.
The CJI said one of his relatives had earlier appeared on behalf of the victim's mother in the case and observed that it would be appropriate that some other bench hear the review plea at 10:30 am.
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The Union home ministry on Friday forwarded to President Ram Nath Kovind the mercy petition of one of the convicts in the Nirbhaya gang rape case, recommending its rejection, officials said. Mukesh Singh, one of the four death row convicts in the 2012 Nirbhaya gang rape and murder case, had filed the mercy petition a few days ago.
The death row convicts moved a Delhi court with a plea to adjourn the execution 'sine die' saying they are yet to avail their remaining legal remedies.
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A bench comprising Chief Justice Dipak Misra and justices R Banumathi and Ashok Bhushan is expected to deliver its judgment on the pleas of Mukesh, 29, Pawan Gupta, 22, and Vinay Sharma, 23.
Death row convicts are asked about their last wish before hanging.
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The Centre and the Delhi government challenged the trial court's January 31 order staying 'till further orders' the execution of all the four convicts in the case. The parents of the victim urged the court to expeditiously decide the Centre's plea and were assured by the judge that the order would be passed at the earliest.
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The family members of the convicts, on the hand, held placards stating that "five people cannot be hanged for the death of one person".
Her protests come right after the trial court offered Pawan Gupta, one of the four death row convicts in the case, saying a condemned convict is entitled to legal aide till his last breath.
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Additional Sessions Judge Dharmender Rana on Thursday refused to grant any relief to Akshay Kumar, Pawan Gupta, Vinay Sharma and Mukesh Singh and rejected the petition saying no valid ground has been brought to his notice to justify the stay of execution of death warrants scheduled on March 20 at 5:30 am.
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Pawan is the only one among the four convicts who has not yet filed the curative petition -- the last legal remedy available to a person, which is decided in-chamber. He has not filed the mercy plea either.
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A special court on Tuesday resumed the trial in the December 16 gang rape case after a weeklong gap with the Delhi police alleging that the father of one of the accused is deposing falsely.
The president had last month also rejected the clemency petition of another accused, Mukesh Singh.
The Supreme Court on Tuesday sought response from the four death row convicts in the Nirbhaya gang rape and murder case on the Centre's appeal challenging the Delhi high court verdict which dismissed its plea against stay on their execution.
A 3-judge bench would hear the plea, that has questioned
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A curative petition is the last and final judicial remedy available to a person convicted by courts of law.
On January 20, the apex court had rejected the plea by Pawan who had challenged the Delhi high court's order dismissing his juvenility claim.
Nirbhaya's mother Asha Devi said even the court understands that the convicts are filing pleas one after the other just to delay the hanging.
A Tihar jail official said that one hangman is enough to execute the hanging.
Additional Sessions Judge Dharmender Rana said the death sentence cannot be executed pending disposal of mercy petition of convict Pawan Kumar Gupta.