New Delhi, March 02: The hanging of Nirbhaya gangrape convicts is postponed once again. The Patiala House Court in Delhi has stayed the death warrant for hanging on March 3 till further orders. The court has stayed the hanging of Pawan Gupta, a convict in the case, pending the mercy petition of the President.
In fact, after this morning’s hearing, the court had ordered to dismiss the petition filed to stop the hanging. Advocate AP Singh then told the court that Pawan had filed a mercy petition with the President. The court again heard this at two o’clock. When the hearing commenced at two o’clock, Advocate AP Singh, on behalf of Pawan Gupta, said that former Supreme Court Justice Katju had replied to him on the mail that he would meet the President to forgive the execution of the culprits.
The court asked whether there is any rule that mercy petition be filed after the curative petition is dismissed, then the government lawyer said no. AP Singh said that the mercy petition can be filed after the curative petition is dismissed.
The court asked AP Singh that the court comes into the picture only when the President rejects the mercy petition. Why should the court give you relief at this time. The court said that Delhi High Court gave you 7 days time but you did not file the petition during that time. You ignored the order of the Delhi High Court.
The court said that if the mercy petition is rejected, the court will come into picture. The Delhi High Court has passed seven days. In this situation only the government can interfere, not the court. The court told AP Singh that why did you not think where you will go at first because you enter everything at the last moment.
Nirbhaya’s parents’ lawyer Jeetendra Jha said that if the convict has filed the application after 12 noon today, only the government has the right to decide whether to hang him or not. Jha said that the plea of โโguilty Pawan should be rejected. The government lawyer said that Pawan’s plea is pre-matured. Therefore, it should be rejected. The government lawyer said that the petition is not hearsay.
During the hearing in Patiala House Court this morning, on behalf of Tihar Jail, it was said that Akshay had filed a mercy petition on 31 January. The next day, he wrote a letter to the secretariat, stating that some documents had not been given, he should be allowed to file them while the jail administration had given him all the documents on February 3.
However, The President had on February 5 dismissed all mercy pleas considering all the issues. Therefore, it is incorrect to say that the documents were not complete. Now he cannot file a second mercy petition. The government lawyer said that we were not even informed to file the second mercy petition.
During the hearing, the court asked lawyer AP Singh when you got the information about the mercy petition being dismissed. Then AP Singh said that on 5 February. The court then asked when you filed the complete mercy petition. Then the government lawyer said that she was already complete. He said that Pawan’s review petition was dismissed on July 9 2018. The court then asked AP Singh under which provision you are seeking to stop the death warrant. AP Singh then stated that under Delhi Prison Rules 836. Then the government lawyer said that if you wait for a while, the Supreme Court will decide on the curative petition.
The Patiala House Court had issued a new death warrant against the convicts of Nirbhaya on February 17 last. Additional Sessions Judge Dharmendra Rana had issued the order for hanging at 6 am on March 3. On February 28, Pawan Gupta filed a curative petition in the Supreme Court demanding that the death sentence be commuted to life imprisonment, which is today the Supreme Court. Has rejected
