Tuesday, January 28, 2020

SC to hear Nirbhaya convict’s plea today 

Mukesh Singh has challenged President’s rejection of his mercy petition on January 17
 
28/01/2020 , Krishnadas Rajagopal , NEW DELHI 


Mukesh Singh and Vinay Sharma, two of the four convicts in the gang rape case, in New Delhi in 2013. S. SubramaniumS. Subramanium

A three-judge Bench led by Justice R. Banumathi is scheduled to hear on Tuesday a plea by Nirbhaya case convict Mukesh Singh challenging the President’s rejection of his mercy petition on January 17.

Chief Justice of India Sharad A. Bobde on Monday asked Mukesh’s counsel to approach the apex court registry for urgent listing of the condemned man’s plea.

Chief Justice Bobde orally observed that the plea of a man, whose execution is scheduled for February 1, ought to be given top priority.

The Bench, also comprising Justices Ashol Bhushan and A.S. Bopanna would hear the plea at 12.30 p.m. on Tuesday.

The petition filed under Article 32 of the Constitution has sought a stay of the execution of the death warrant. The Sessions Court had ordered that the death sentence be carried out on February 1.

Mukesh has asked the court to call for his medical records, dating back to the time of his arrest and incarceration, which were placed before the President for a decision on his mercy plea.

Mukesh has also sought for the jail records of his solitary confinement. Death row convicts are placed in solitary confinement.

Juvenility plea

This development comes shortly after the Supreme Court rejected a juvenility plea made by another Nirbhaya convict Pawan Kumar Gupta. He had claimed he was a juvenile at the time of the crime.

The Supreme Court also recently dismissed a review petition filed by another one of the four condemned men, Akshay Singh, to review its May 5, 2017 judgment confirming the death penalty.

Akshay, Mukesh, Pawan and Vinay had brutally gang-raped a 23-year-old paramedical student in a moving bus on the intervening night of December 16-17, 2012 and she died of her injuries a few days later. An accused, Ram Singh, allegedly committed suicide in the Tihar jail. A juvenile, who was among the accused, was convicted by a juvenile justice board. He was released from a reformation home after serving a three-year term.

The Centre recently moved an application for fixing strict guidelines for carrying out death sentences.

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