Friday, February 21, 2020

Nirbhaya convict is back in court, this time with mental illness plea

TNN | Feb 21, 2020, 04.04 AM IST

New Delhi: A court on Thursday sought a reply from the Tihar Jail authorities on a plea by Vinay Sharma, a death-row convict in the Nirbhaya gang rape and murder case, that he be given better treatment due to his mental condition, including schizophrenia, and head and arm injuries. Additional sessions judge Dharmender Rana directed the authorities to file its reply on Saturday.

According to prison officials, Sharma injured himself by banging his head on his solitary cell wall in jail number 3 on Sunday afternoon. He suffered minor injuries and was treated on the Tihar premises, they said.

Advocate A P Singh, appearing for Sharma, told the court that “it was a serious matter” that the convict couldn’t recognise people, including his mother and lawyer. The lawyer claimed that while visiting his client on the family’s request, he had found Sharma had sustained a grievous head injury, had a plaster in his right arm due to a fracture, and was suffering from “insanity, mental illness and schizophrenia”.

Singh also claimed that the jail records would prove that Sharma had attempted suicide thrice in Tihar and was treated for depression.

The prosecution, however, opposed the plea arguing it was not maintainable. It termed the plea as a delaying tactic.

Meanwhile, according to an IANS report, Sharma’s counsel also moved the Election Commission of India challenging the rejection of his mercy petition. The rejection was suggested by Delhi government and signed by deputy chief minister Manish Sisodia when the model code of conduct for the assembly elections was in force. The code made him “ineligible” to do so, Singh said, adding that a WhatsApp screenshot was sent instead of Sisodia’s digital signature while forwarding the plea to the lieutenant governor of Delhi.

After the LG sent it to the Union home ministry, it went to the President of India, who rejected the plea after considering the MHA’s suggestion.

Thursday’s petitions were filed after the court, on February 17, for the third time, issued death warrants for March 3 to execute the four convicts. Besides Sharma, the other convicts are Mukesh Singh, Pawan Gupta and Akshay Thakur.

Any further delay in their execution will be “sacrilegious” to the rights of the victim and for justice, the court had noted while fixing the new date.

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