SC to hear today if Nirbhaya convicts can be hanged separately
TIMES NEWS NETWORK
New Delhi:07.02.2020
The Supreme Court agreed to hear on Friday a petition by the Union government seeking permission to hang those death row convicts in the Nirbhaya case whose mercy pleas have been rejected by the President.
The President has rejected the mercy petitions of three of the four death row convicts — Mukesh, Akshay and Vinay — while the fourth, Pawan, is yet to file a mercy plea. The Centre is challenging the decisions of the Delhi high court and the trial court, which concurrently ruled that all four have to be executed simultaneously.
This means none of them will be executed till Pawan’s mercy plea is filed and decided by the President. Additional solicitor general K M Nataraj requested a bench headed by Justice N V Ramana for urgent listing of the Centre’s appeal against the February 5 order of Delhi HC, which had refused permission for separate hanging of the convicts. Justice Ramana ordered listing of the appeal on Friday before an appropriate bench.
The Centre said, “The question is whether a convict who has exhausted all his remedies can still frustrate the mandate of law merely because mercy petition of one of the co-convicts is pending before the President and another co-convict has not even filed the mercy petition. In other words, can one convict, by sheer inaction — calculated and designed or otherwise — frustrate the mandate of law?”
The Centre said Delhi Prison Rules and manual make it clear that there is no such mandate for simultaneous execution of all condemned convicts involved in one case. “In the peculiar facts arising in the Nirbhaya case, when appeals with regard to all convicts were dismissed by the Supreme Court as far back as 2017 and mercy petitions in case of Mukesh and Vinay Sharma are already dismissed by the President, the special court was not justified to suspend the execution warrants,” the Centre said.
Full report on www.toi.in
The Centre is challenging the decisions of the Delhi high court and the trial court, which concurrently ruled that all four have to be executed simultaneously
TIMES NEWS NETWORK
New Delhi:07.02.2020
The Supreme Court agreed to hear on Friday a petition by the Union government seeking permission to hang those death row convicts in the Nirbhaya case whose mercy pleas have been rejected by the President.
The President has rejected the mercy petitions of three of the four death row convicts — Mukesh, Akshay and Vinay — while the fourth, Pawan, is yet to file a mercy plea. The Centre is challenging the decisions of the Delhi high court and the trial court, which concurrently ruled that all four have to be executed simultaneously.
This means none of them will be executed till Pawan’s mercy plea is filed and decided by the President. Additional solicitor general K M Nataraj requested a bench headed by Justice N V Ramana for urgent listing of the Centre’s appeal against the February 5 order of Delhi HC, which had refused permission for separate hanging of the convicts. Justice Ramana ordered listing of the appeal on Friday before an appropriate bench.
The Centre said, “The question is whether a convict who has exhausted all his remedies can still frustrate the mandate of law merely because mercy petition of one of the co-convicts is pending before the President and another co-convict has not even filed the mercy petition. In other words, can one convict, by sheer inaction — calculated and designed or otherwise — frustrate the mandate of law?”
The Centre said Delhi Prison Rules and manual make it clear that there is no such mandate for simultaneous execution of all condemned convicts involved in one case. “In the peculiar facts arising in the Nirbhaya case, when appeals with regard to all convicts were dismissed by the Supreme Court as far back as 2017 and mercy petitions in case of Mukesh and Vinay Sharma are already dismissed by the President, the special court was not justified to suspend the execution warrants,” the Centre said.
Full report on www.toi.in
The Centre is challenging the decisions of the Delhi high court and the trial court, which concurrently ruled that all four have to be executed simultaneously
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