India – Execution of 4 on 1/2/2020 stayed by Court, now government applying to set aside stay..

The execution of the 4, which was scheduled for 1/2/2020 was stayed Patiala House District Court, and now the Central Government is applying to the Delhi High Court to set aside the stay order..

Nirbhaya Case: Delhi HC Reserves Order On Centre’s Plea Challenging Stay On Execution Of Convicts

Senior advocate Rebecca John, appearing on behalf of convict Mukesh, said that the “Centre has sought the setting aside of the order of the Patiala House Court” when “an earlier Delhi High Court order has clearly said that any order of the trial court should be challenged in the Supreme Court only”.

New Delhi: The Delhi High Court on Sunday reserved its order on a plea filed by the central government and Tihar Jail authorities challenging the order of Patiala House district court which stayed the execution of the four convicts in the Nirbhaya gang-rape and murder case. A single-judge bench of Justice Suresh Kumar Kait reserved the order on the matter.

During the hearing, advocate AP Singh, who is appearing for convicts Pawan Gupta, Akshay Thakur and Vinay Sharma, asked: “Why there was a hurry to execute the death sentence in this case only … Justice hurried is justice buried.” “They (convicts) belong to rural areas and Dalit families. They come to Delhi and get implicated. Mukesh and Ram Singh are Dalits. Both are brothers who came from a rural part of Rajasthan. It is not convicts’ fault. They cannot be made to bear brunt of ambiguity in the law,” Singh told the court.

Senior advocate Rebecca John, appearing on behalf of convict Mukesh, said that the “Centre has sought the setting aside of the order of the Patiala House Court” when “an earlier Delhi High Court order has clearly said that any order of the trial court should be challenged in the Supreme Court only”.

Earlier, Solicitor General Tushar Mehta, appearing on behalf of the Centre, alleged that the convicts were deliberately delaying the execution, adding that any delay in death sentence will have a dehumanising effect on the convicts.

A Delhi court last week stayed till further orders the execution of the four convicts — Akshay Thakur, Mukesh Singh, Pawan Gupta, and Vinay Sharma — which was earlier scheduled to take place on February 1.

The case pertains to the gang-rape and brutal murder of a 23-year-old paramedical student in a moving bus on the night of December 16, 2012, by six people, including a juvenile, in Delhi. The woman had died at a Singapore hospital a few days later.

One of the five adults accused, Ram Singh, had allegedly committed suicide in the Tihar Jail during the trial of the case. – ABP, 2/2/2020

Nirbhaya: Govt challenges stay on execution, HC reserves verdict

New Delhi, February 2

The Delhi High Court on Sunday reserved its verdict on the Centre’s plea challenging the stay on the execution of the four death row convicts in the Nirbhaya gangrape and murder case.

Justice Suresh Kait said it would pass an order after all parties concluded their arguments. Solicitor General Tushar Mehta told the high court that there was a “deliberate, calculated and well-thought-out design” by the Nirbhaya gangrape and murder case convicts to “frustrate” the mandate of law by getting their execution delayed.

Mehta told Justice Suresh Kait that convict Pawan Gupta’s move of not filing a curative or a mercy petition was deliberate. The four Nirbhaya case convicts were playing with judicial machinery and trying the patience of the nation, he said. The high court was hearing the Centre’s plea challenging the stay on the execution of the four death row convicts in the Nirbhaya case.

Advocate AP Singh appeared for convicts Akshay Singh (31), Vinay Sharma (26) and Pawan gupta (25) opposing the Centre’s plea to set aside the stay on the execution of the death sentence.

Senior advocate Rebecca John, representing the fourth convict Mukesh Kumar (32), raised preliminary objection to the Centre’s plea, saying it was not maintainable.

She contended that the Centre was never a party in the case proceedings before the trial court and while the government was accusing the convict of delay, it had woken up just two days ago.

“It was the victim’s parents who had moved the trial court for issuance of death warrants against the convicts. At no point the government approached the trial court to get the death warrants issued immediately,” John contended.

He told the HC that the Centre had moved a plea in the Supreme Court seeking clarification whether co-convicts could be executed separately. A 23-year-old paramedic student, referred to as Nirbhaya, was raped and brutally assaulted on the intervening night of December 16-17, 2012. — PTI – The Tribune, 3/2/2020

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