In the circular, which was made public on Friday, it is mentioned that in a matter wherein the high court has confirmed/ upheld death penalty and this court has granted leave (admission of case), the criminal appeals will be listed for hearing not later than six months before the the three-judges bench from the date of grant of leave, irrespective of the fact that appeal is ready or not.
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The Supreme Court on Thursday agreed to hear on Friday the Centre's appeal challenging the Delhi high court's verdict dismissing its plea against stay on the execution of the four death row convicts in the Nirbhaya gang rape and murder case.
Advocate M L Sharma said one of his clients, Mukesh Singh, was implicated in the case.
The execution of death warrants of these convicts have been deferred thrice so far due to delays by them in exhausting their legal remedies.
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Mehta told Justice Suresh Kait that convict Pawan Gupta's move of not filing a curative or a mercy petition is a deliberate, calculated inaction.
The date of execution, first fixed for January 22, was postponed for 6 am on February 1 by a January 17 court order.
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Mukesh Singh (32), Pawan Gupta (25), Vinay Sharma (26) and Akshay Kumar Singh (31) were executed at 5.30 am for the savage assault in an empty moving bus on the 23-year-old physiotherapy intern who came to be known the world over as Nirbhaya.
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The fate of four convicts in the December 16 gang rape and murder case will be known on Friday with a Delhi court set to pronounce the much-awaited order on whether their offence falls in the "rarest of rare" category warranting death sentence.
Less than nine months after the December 16 brutal gang rape incident, a fast track Delhi court on Tuesday held all the five accused, including a man who died during the trial, guilty of rape and cold blooded murder of a "defenceless" 23-year-old girl that can fetch them death.
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Two of the four death row convicts in the December 16 gangrape case on Monday claimed before the Delhi High Court that police had registered the FIR on the basis of a "false" story narrated by the girl's male friend against them about the incident exactly a year ago.
Eighteen days after the horrific gangrape of a 23-year-old paramedical student, the Delhi police on Thursday filed its chargesheet in a court in Delhi against five men arrested in the case, slapping on them murder, rape, kidnapping and other charges.
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The petition sought recording of calls, documents and reports by an investigating agency like CBI and to declare that the convict has legal and constitutional rights to approach any court at any time even in the last minute of hanging.
The plea claims that the recommendation sent to the President to reject the mercy plea did not contain the signature of Delhi Home Minister Satyendar Jain.
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A Delhi court on Thursday fixed January 14 for scrutiny of documents filed with the charge sheet in the case of the December 16 gang rape and murder of a 23-year-old girl.
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The high court also faulted the authorities concerned for not taking steps for issuance of death warrant after the rejection of appeals of the accused by the Supreme Court in 2017.
The judge passed the order on the plea by the convicts seeking adjournment of the executions 'sine die'. The four were scheduled to be hanged on February 1 at 6 am. This is for the second time that the execution of the death warrants has been deferred.
Sources said if the mercy petition is not filed, the prison authorities approach the court, which will issue a death warrant.
The top court rejected the contention of Sharma that he is mentally ill and said his medical report suggests he is stable.
A team of prison officials performed the dummy execution on Sunday. The officials recorded the weights of the convicts and the prepared the dummies accordingly with sacks filled with debris and stones, a senior jail official said. The execution will take place on in Jail No 3, he said, adding that the UP Prison authority has confirmed that Pawan Jallad from Meerut will be sent to hang the four convicts.
A curative petition is the last legal remedy available to a convict. In his plea, Vinay Sharma has said his young age has been erroneously rejected as a mitigating circumstance. The review pleas of all the convicts have been rejected by the SC and they're set to be hanged on January 22.
A Delhi court on Tuesday issued death warrants against all the four convicts in the gang rape-murder case. Pawan Jallad is said to be considered for the job, though he is yet to receive an official order.
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