Nirbhaya Gang-Rape Case: Pawan Kumar Gupta Files Curative Petition
 Composite image of the four Nirbhaya gang rape convicts.
Composite image of the four Nirbhaya gang rape convicts.(Photo: Altered by The Quint)
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Nirbhaya Gang-Rape Case: Pawan Kumar Gupta Files Curative Petition

Pawan Kumar Gupta, has filed a curative petition before the Supreme Court, seeking direction to commute his death sentence to life imprisonment, ANI reported on Friday, 28 February.

A Delhi Court dismissed the plea on Saturday, 22 February, of one of the death row convicts Vinay Sharma who had sought a direction to provide high-level medical treatment to him.

Vinay Sharma was injured after he tried to hurt himself by banging his head against the wall of his cell on 16 February, a Tihar Jail official was quoted by ANI as saying.

Snapshotclose

  • Advocate Ravi Qazi has now been appointed as a counsel for convict Mukesh Singh and discharged Advocate Vrinda Grover, after he asked for the change.
  • The court also recorded that Akshay Kumar Singh, another convict, will be filing a fresh mercy petition to the President, as he said his existing petition was ‘hastily and poorly prepared’.
  • The Supreme Court on 14 February dismissed the petition of death-row convict Vinay Kumar Sharma challenging the rejection of the mercy petition by President Kovind
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Pawan Kumar Gupta Files Curative Petition Before SC

The fourth death row convict in the case, Pawan Kumar Gupta, has filed a curative petition in Supreme Court, seeking direction to commute his death sentence to life imprisonment.

Nirbhaya Gang-Rape Case: SC to Hear Plea Filed by MHA

Supreme Court's three-judge bench, headed by Justice R Banumathi will hear today the petition filed by Ministry of Home Affairs, seeking a direction to separately execute the death row convicts in Nirbhaya gang-rape case.

'Tactic to Delay Execution': Asha Devi on Nirbhaya Convict's Plea

Asha Devi, mother of 2012 Delhi gang-rape case victim on convict Vinay Sharma’s plea seeking high-level medical treatment said that it was a “tactic” to delay the execution.

“The convicts are misleading courts. They have exhausted almost all legal remedies and I believe that they will be hanged on 3 March,” she added.

Court Refuses to Refer Nirbhaya Convict for High-Level Treatment

Judge Dharmender Rana rejected Nirbhaya convict Vinay Sharma’s request to be referred to IHBAS Hospital in Shahdara, New Delhi, for high level treatment. Sharma had submitted in court that he had sustained grievous head injuries, a fracture in his right arm and “is suffering from insanity, mental illness and schizophrenia”, as a result of which he was unable to even recognize his lawyer or mother.

The judge noted the reports of the medical experts relied on by the prosecution that claimed Sharma had asked the psychiatrist to diagnose him as mentally ill to help commute his death sentence, and that found he had “dramatic and superficial demonstration of mental illness.”

The judge found that the treatment and care being provided to Sharma was sufficient, and therefore found no reason to refer him for high level treatment.

Delhi Court Reserves Order on Nirbhaya Convict's Plea

After the conclusion of arguments, the Delhi Court reserved the order on Saturday, 22 February, on the application of one of the death row convicts Vinay Sharma who had sought a direction to provide high-level medical treatment to him.

Nirbhaya Convict Has No History of Mental Instability, Court Told

Tihar Jail authorities have filed the concerned report in a Delhi Court on the application of one of the death row Nirbhaya case convicts Vinay Sharma. The application of the convict had sought a direction to provide high-level medical treatment.

Public Prosecutor Irfan Ahmad apprised the court that convict Vinay himself rammed his head on a wall and that he was attended to by the doctors immediately. Tihar jail authorities also submitted the CCTV footage in Court.

Ahmad further added that there is no medical history of mental instability of convict Vinay Sharma as claimed by the convict's counsel AP Singh.

He also stated that 'convict Vinay Sharma made two phone calls recently to his mother and his lawyer and asked “Why is his lawyer claiming that he is not even in the position to identify his mother also?”

Court Seeks Tihar Jail Authorities' Reply on Convict's Plea for Medical Treatment

A Delhi court on Thursday, 20 February, sought response from Tihar Jail authorities on a plea by one of the four death row convicts in the Nirbhaya gang-rape and murder case, seeking better treatment for his claimed mental illness – schizophrenia, and head and arm injuries.

Additional Session Judge Dharmender Rana directed the prison authorities to file their reply on the plea by Vinay Kumar Sharma on Saturday. Sharma injured himself by banging his head against a wall of his cell in Tihar Jail, according to prison officials, ANI reported.

Delhi’s Patiala House court on Monday issued a fresh date of execution for the four convicts in the case. The convicts are now to be executed at 6 am on 3 March, reported ANI.

Nirbhaya Convict Banged Head Against Wall, Hurt Self: Tihar Official

One of the death row convicts in the Nirbhaya gang-rape and murder case – Vinay Sharma – was injured after he tried to hurt himself by banging his head against the wall of his cell, on Sunday, 16 February, a Tihar Jail official was quoted by ANI as saying. Sharma sustained minor injuries.

Sharma’s lawyer, AP Singh, had earlier told the court that he is on hunger strike and his mental state is not well, hence the death sentence cannot be carried out.

'Convict Akshay Kumar's Mercy Plea Is Yet to Be Filed': Lawyer AP Singh

“Akshay Kumar's petition has to be filed, only after that is done we will see what will happen next,” said AP Singh, lawyer of the Nirbhaya convicts.

“The execution is against Mahatma Gandhi's principles, and the Constitution,” he added, reported ANI.

KEY EVENT

'Satisfied, Hope Convicts Are Executed This Time': Nirbhaya's Mother on New Death Warrants

Nirbhaya’s mother Asha Devi said, “I am not very happy as this is the third time that death warrant has been issued. We have struggled so much, so I am satisfied that death warrant has been issued finally. I hope they (convicts) will be executed on 3 March,” reported ANI.

KEY EVENT

Nirbhaya Convicts to be Executed on 3 March at 6 AM

The four convicts to be executed on 3 March at 6 am, reported ANI.

Additional Session Judge Dharmender Rana issued fresh warrants against death row convicts — Mukesh Kumar Singh (32), Pawan Gupta (25), Vinay Kumar Sharma (26) and Akshay Kumar (31).

The court was hearing the applications by Nirbhaya's parents and the Delhi government, seeking fresh death warrants for the convicts after the Supreme Court granted liberty to the authorities to approach the trial court for issuance of fresh date for the execution of these convicts, reported PTI.

Court Reserves Order Seeking Fresh Death Penalty for Convicts

The court reserves order on pleas seeking fresh death penalty for convicts, will pronounce decision shortly.

KEY EVENT

Convict Mukesh Refuses to Be Represented by Advocate Vrinda Grover

The Supreme Court has discharged Advocate Vrinda Grover as convict Mukesh’s counsel after he showed unwillingness to continue her in the case. Advocate Ravi Qazi has now been appointed as a counsel for convict Mukesh.

Mukesh Kumar Singh, one of the four death row convicts in the Nirbhaya gang rape and murder case, told the court on Monday that he does not want to be represented by advocate Vrinda Grover.

Additional Session Judge Dharmender Rana was also informed that another death row convict in the case, Vinay Sharma, is on hunger strike in Tihar jail.

'Three Convicts Have Exhausted All Legal Remedies': Rajiv Mohan

Special Public Prosecutor Rajiv Mohan stated on Monday that there are no pending petitions in court and 3 out of 4 convicts have “exhausted all their legal remedies.”

“Delhi HC had given seven days time to the convicts and that period is over,” he siad.

Nirbhaya's Mother Hopeful on Hearing

Nirbhaya's mother Asha Devi on Monday, 17 February said that even though we fresh eath warrants have not been issues, she goes with new hope in every hearing.

“Their lawyers use new tactics everyday, I can't say what will happen today but I'm hopeful,” she said.

SC Judge Faints in Courtroom

Supreme Court judge Justice R Banumathi fainted in the courtroom on Friday, 14 February, while dictating order on the Centre' plea seeking separate hanging of the four death row convicts in the Nirbhaya gang rape and murder case.

Justice Banumathi soon regained consciousness and was taken to chamber by other judges on dias and Supreme Court staff.

She has been taken on wheel chair for medical treatment.

Nirbhaya: SC Dismisses Plea Against Rejection of Mercy Petition

The Supreme Court on Friday, 14 February, dismissed the petition of death-row convict Vinay Kumar Sharma challenging the rejection of the mercy petition by President Kovind.

Death Row Convict Claims Mental Illness in SC, Centre Says He Has Sound Mind

One of the four death row convicts in the Nirbhaya gang rape and murder case, Vinay Sharma, through his counsel made a last ditch effort to escape from the gallows claiming that all the relevant records were not brought before the President including that he had been subjected to torture and ill-treatment in jail due to which he had developed mental illness.

The Centre however opposed his claim and produced a medical report dated February 12 which said he was fit and had a sound mind.

Delhi Court Adjourns till 17 Feb Hearing on Plea Seeking Death Warrant

Delhi's Patiala House Court adjourns for 17 February, the hearing on the plea of the State and victim's parents seeking issuance of the death warrant, as a petition challenging the rejection of mercy plea of convict Vinay is pending before Supreme Court.

Delhi Court Appoints Lawyer to Represent Pawan Gupta Despite his Refusal

Convict Pawan Gupta on Thursday refused to take a lawyer from legal aid offered, jail authorities told Delhi court.

However, Delhi court appointed advocate Ravi Qazi to represent him anyway.

Convict Pawan Refuses Lawyer From DLSA as Legal Aid

Tihar Jail authorities told a Delhi court on Thursday that Pawan Gupta, one of the four death row convicts in the Nirbhaya gang rape and murder case, has refused to take a lawyer offered by DLSA as legal aid.

Additional Session Judge Dharmender Rana had on Wednesday offered a counsel to Gupta and expressed displeasure over delay from his side.

Gupta said he has removed his earlier lawyer and will need time to engage a new one.

SC Rejects Convict's Request to Peruse Recommendation for Rejection of Mercy Plea

The Supreme Court on Thursday rejected the request of Nirbhaya case death-row convict Vinay Sharma to peruse recommendation for rejection of his mercy plea.

Sharma's counsel alleged in the court that the Delhi lieutenant governor and its home minister had not signed the recommendation for rejection of his mercy plea.

However, a bench of Justices R Banumathi, Ashok Bhushan and A S Bopanna perused the record and said the LG and the home minister indeed signed the recommendation for rejection of his mercy petition.

Sharma, through advocate A P singh, moved the apex court on Tuesday challenging the rejection of his mercy petition by the president. He claimed the "hurried rejection" was "mala fide" and violated the letter and spirit of the Constitution.

Convicts to Reply on Plea Seeking Separate Hanging Tomorrow

The Supreme Court on 13 February, gave time to convicts till Friday, 14 February to file replies to the petition by the Centre, Delhi government seeking separate hanging of the convicts.

SC to Hear Vinay Sharma Plea on 13 Feb

The Supreme Court will hear the plea of Vinay Sharma, a convict in 2012 Delhi gang-rape case, on Thursday, 13 February. Vinay Sharma has filed a petition in the Supreme Court against the President's decision to reject the mercy petition, reports ANI.

Nirbhaya's Mother Protests Outside Court Over Delay in Hanging of Convicts

Nirbhaya's mother Asha Devi Wednesday, 12 February, protested outside a trial court premises over the delay in hanging of the four convicts in the gang rape and murder case of her daughter, reports PTI.

Her protests come right after the trial court offered Pawan Gupta, one of the four death row convicts in the case, saying a condemned convict is entitled to legal aide till his last breath.

Delhi Court Says Death Row Convict Entitled to Legal Aide, Offers Him Lawyer

A Delhi court Wednesday offered a counsel to Pawan Gupta, one of the four death row convicts in the Nirbhaya gang rape and murder case, saying a condemned convict is entitled to legal aide till his last breath, reports PTI.

Additional Session Judge Dharmender Rana expressed displeasure over delay from Pawan's side who said he has removed his earlier lawyer and will need time to engage a new one.

Pawan has not yet filed a curative petition -- the last and final legal remedy available to a person which is decided in-chamber. He also has the option of filing a mercy plea.

Delhi Court Hearing on Death Warrants Adjourned

A Delhi court on Wednesday adjourned the hearing on pleas seeking fresh death warrants against the four convicts in the 2012 Nirbhaya gangrape and murder case. The matter has been posted for Thursday.

KEY EVENT

Delhi Court Issues Notice to All 4 Death Row Convicts on Parents' Plea

A Delhi court on Tuesday, 11 February, sought response of the four death-row convicts in the Nirbhaya gang rape and murder case on a plea by the victim's parents and the Delhi government seeking issuance of fresh death warrant.

Additional Session Judge Dharmender Rana issued notice to all the convicts and said that it will take up the matter on Wednesday, 12 February.

The victim's parents told the court that the convicts were making a mockery of the law and frustrating it.

The application was moved after the Supreme Court granted liberty to the authorities to approach the trial court for issuance of fresh date for the execution of these convict.

Convict Vinay Sharma Moves SC Challenging Rejection of Mercy Plea by Prez

One of the four death row convicts in the Nirbhaya gang rape and murder case, Vinay Sharma, approached the Supreme Court on Tuesday, 11 February, challenging the rejection of his mercy petition by the President, according to PTI.

Sharma, through his counsel AP Singh, has also sought commutation of death sentence to life imprisonment.

SC Issues Notices to 4 Death Row Convicts on Centre’s Appeal Against HC Verdict

The Supreme Court on Tuesday, 11 February, sought response from the four death row convicts in the Nirbhaya gang rape and murder case on the Centre's appeal challenging the Delhi High Court verdict which dismissed its plea against stay on their execution.

A three-judge bench headed by Justice R Banumathi granted liberty to the authorities to approach the trial court for issuance of fresh date for the execution of these convict.

Nirbhaya Case: SC Allows Govt to Move Court For Issuing Death Warrants

The Supreme Court on Tuesday allowed the Centre to move the trial court for fresh death warrants against convicts in the 2012 Nirbhaya gang rape and murder case.

It also issued a notice to the four convicts, and posted the matter for hearing on 13 February.

"We make it clear that the pendency of this SLP (Special Leave Petition) will not be an impediment for the trial court in considering the plea for fresh death warrant on merits,” the court said.

Nirbhaya Case: SC Begins Hearing Centre’s Plea Against Delhi HC Order

The Supreme Court has begun hearing a petition filed by the Central government against the Delhi High Court’s judgment in connection with the 2012 Nirbhaya case. The High Court had not allowed separate executions of the convicts.

'Injustice': Nirbhaya's Mother After Delhi Court's Order

Speaking after a Delhi court dismissed Tihar jail authorities’ plea seeking fresh date for execution of the Nirbhaya case convicts, Asha Devi, the mother of the gang rape victim said, “Today, the court had the power and we had time. Nothing was pending, yet death warrant has not been issued. It's injustice to us. I will see till when the court gives time to the accused and the government supports them. [sic]”

Delhi Court Dismisses Tihar’s Plea For New Execution Date

A Delhi court on Friday dismissed Tihar jail authorities' plea seeking fresh date for execution of the four death row convicts in the 2012 Nirbhaya gang rape and murder case.

Additional Sessions Judge Dharmendra Rana took note of Delhi HC’s 5 February order permitting the convicts to exercise their legal remedies within one week.

"It is criminally sinful to execute the convicts when law permits them to live. The high court on 5 February had permitted the convicts, in the interest of justice, to exercise their legal remedies within one week from same order," the court said, according to PTI.

"I concur with counsel for convicts that death warrants cannot be executed merely on basis of surmises and conjectures. The application is bereft of merit. Same is dismissed. State is liberty to move appropriate application as and when required," the judge said.

SC to Hear Centre's Plea Against Separate Execution on 11 February

The Supreme Court to hear Centre’s appeal against Delhi High Court’s order rejecting its plea to separately execute the death row convicts in 2012 Delhi gang-rape case on 11 February.

It recorded, in its order, that the time given by the Delhi HC to the Nirbhaya case convicts for exhausting all remedies expire on 12 February.

SC to Hear Centre's Plea Seeking Execution of Convicts Who've Exhausted all Legal Remedies

Supreme Court will on Friday, 7 February, hear a petition by the Central government seeking to execute the convicts in the case who have exhausted all their legal and constitutional remedies, ANI reported.

Court Seeks Convicts' Response on Tihar's Plea for Fresh Death Warrants

A Delhi court Thursday sought by tomorrow the response of the four death row convicts in the Nirbhaya gangrape and murder case on the plea of Tihar jail authorities seeking issuance of fresh death warrants against them, PTI reported.

Additional Sessions Judge Dharmendra Rana directed the convicts to file their response by Friday on the application moved by Tihar Jail authorities.

Tihar Authorities Seek Fresh Date for Execution of Convicts

Tihar jail authorities have moved the trial court with an application of seeking issuance of fresh date of execution of death warrants against convicts.

SC To Hear Centre's Plea Against Delhi HC Verdict in Nirbhaya Case on Friday

Supreme Court has agreed to hear on Friday, 7 January, Central Government’s appeal against Delhi High Court’s order rejecting its plea to separately execute the death row convicts in 2012 Nirbhaya gang-rape case.

President Kovind Rejects Akshay's Mercy Petition

President Ram Nath Kovind on Wednesday rejected the mercy petition of Akshay, one of the four convicts, news agency PTI reported quoting home ministry officials.

Kovind has already rejected the clemency petition of two other accused in the case Mukesh Singh and Vinay Kumar Sharma.

KEY EVENT

Delhi Govt, Centre Move SC Against Dismissal of Challenge Against Stay on Execution

The Centre and Delhi government, through the L-G on Wednesday moved SC against dismissal of their plea challenging trial court's order staying execution of Nirbhaya case convicts.

I Welcome Delhi HC's Verdict: Nirbhaya's Mother

Welcoming the Delhi HC's decision to not interfere with Patiala House court’s order on the Nirbhaya case, the victim's mother Asha Devi on Wednesday, 5 February said that the convicts should be hanged soon.

KEY EVENT

No Separate Hanging of Nirbhaya Death Row Convicts: Delhi HC

The Delhi HC on Wednesday, 5 February, rejected Centre’s plea for separate hanging of Nirbhaya death row convicts, saying all legal remedies to be exercised in seven days.

Delhi HC Begins Reading Order

Delhi High Court says that Delhi Jail Manual rules on not hanging convicts separately deals with situations where appeals and applications by one or more of them are yet to be decided – does not apply to situations where mercy petitions are pending.

Delhi HC Order on Centre's Plea Challenging Stay on Execution of Convicts on Wednesday

Delhi High Court will pronounce on Wednesday, 5 February order on Centre's plea challenging stay on execution of four convicts in the Nirbhaya case, PTI reported.

Delhi High Court Reserves Order in the Nirbhaya Case Hearing

The Delhi High Court has reserved its order on the Centre’s plea challenging the stay on the execution of Nirbhaya convicts.

Shall Exercise Caution While Executing Irreversible Sentence: Convict's Lawyer

Mukesh Kumar’s lawyer, Rebecca John, told the Delhi High Court that caution shall be exercised while executing a sentence which is irreversible. She said that all she is asking is a few extra days.

I am asking for a few extra days. If mercy is rejected, there is not a single person who does not know what shall befall these convicts. One must exercise caution while executing a sentence which is irreversible, John said.

Have Right to be Treated Fairly: Convoct's Lawyer Argues

“I am a horrible person, I have committed the worst crime imaginable. But I am still entitled to protection under Article 21. Even as a death row convict, I have a right to be treated fairly,” Rebecca John, representing Mukesh Kumar, told the Delhi High Court.

Hated by Society, Even Death Row Convicts Have Rights, Convict's Counsel Argues

Rebecca John, arguing for convict Mukhesh Kumar, further argued that the delay the convicts have been pushing for, is only an interference, and that a death row convict will never hasten the proceedings and will avail all legal remedies available to him.

Further, she said that these are death row convicts, who are hated by the society but even they have their rights.

Mehta on Simultaneous Hanging

Saying that according to the rules, there can be no execution till all convicts have exhausted their legal remedies, Solicitor General Tushar Mehta said that simultaneous hanging is till the SC has finally decides on the issue. At the stage of mercy, there is no mandate for simultaneous hanging.

“Rule 836 provides for stay of execution qua co-convicts when "appeal or application" is pending. But Trial Court has interpreted "appeal or application" to include mercy as well,” Mehta said.

Co-convicts have to be hanged simultaneously only till the stage of SLP, Mehta said while arguing for the Centre.

Further, he reiterated that mandate of simultaneous hanging is only till the stage of SLP, argues that the Trial Court wrongly interpreted 'application' to include mercy petition.

Deliberate Design to Frustrate Process of Law: Mehta Challenges Stay on Execution

While addressing the Delhi High Court bench, Solicitor General Tushar Mehta told the Delhi High Court bench that the execution stay on the hanging of Nirbhaya convicts is a ‘deliberate, calculated, well thought of design to “frustrate” the process of law.

Further, Mehta said that the convicts are playing with judicial machinery and trying patience of nation.

There Can't be Delay in Justice: Solicitor General Mehta Argues

As the hearing in the 2012 Delhi gang rape began, for the Centre’s plea seeking stay on the execution of the four convicts, Solicitor General Tushar Mehta, on Sunday 2 February, argued that there cannot be any delay in the interest of justice, and that death sentence cannot be delayed. “In the interest of the convict, any delay in death sentence will have a dehumanising effect on the accused,” Mehrta said.

Furtherm he also maintained that there was a deliberate delay on part of the convict and the institution’s response has been prompt.

Delhi HC to Hear Centre's Plea Challenging Stay on Execution of Convicts Tomorrow

The Delhi High Court on Saturday sought the response of the four convicts in the 2012 Nirbhaya gangrape and murder case on the Centre's plea challenging the stay on their execution.

The court will hear the petition on Sunday. The court has also issued a notice to DG (Prisons) and Tihar Jail authorities, seeking their stand on the central government's plea.

The lawyer of the DG (Prisons) told the court that its orders would be complied with.

During the hearing, Solicitor General Tushar Mehta told the court that the convicts in the Nirbhaya case have taken process of law on a "joyride" and are acting in tandem to delay their execution.

He further told the court that the Nirbhaya gangrape case will go down in history of India where convicts of the heinous crime are trying the patience of the country.

The Centre has argued that the four convicts do not need to be hanged together. Through the solicitor general, it has argued that a "mercy petition is a personal plea, it affects only the person who has filed it."

On this basis, the Centre is arguing that convicts whose mercy pleas have already been rejected – such as Mukesh – can be hanged separately from convicts whose mercy pleas have not yet been rejected (or for whom 14 days have not yet passed since the rejection of their mercy pleas, like Vinay).

Tihar Authorities Move Delhi HC Challenging Stay on Execution of Convicts

Tihar jail authorities on Saturday moved the Delhi High Court challenging the stay on the execution of the four convicts in the 2012 Nirbhaya gang rape and murder case.

Tihar Jail Authorities to Approach Patiala House Court for Fixing Date of Execution

Tihar Jail authorities to approach Patiala House Court for fixing date of execution of all four accused in Nirbhaya case, reported PTI.

Nirbhaya Convict Akshay Kumar Singh Files Mercy Petition

Convict Akshay Kumar Singh has filed a mercy petition before the President of India. This comes after his curative petition was dismissed by the court on 30 January.

Nirbhaya Case: Mercy Plea of Convict Vinay Sharma Rejected

The President of India has rejected the mercy plea of convict Vinay Sharma.

'Saddens Me That Nirbhaya Convicts Are Escaping Death Sentence Using Loopholes': CM Kejriwal

Soon after the Delhi court order, CM Arvind Kejriwal took to Twitter to say that there is a dire need to amend laws so that hanging takes place within six months in rape cases.

“It saddens me that convicts in Nirbhaya case are escaping death sentence by using legal loopholes,” Kejriwal said in a tweet in Hindi.

'Cannot Afford to Adversely Discriminate Against Convict': Judge's Order

The Delhi court hearing the Nirbhaya case on Friday did not agree with the Tihar jail authorities, which had challenged the application of three condemned prisoners in the case seeking a stay on their execution.

“The courts of this country cannot afford to adversely discriminate any convict, including death row convict, in pursuit of his legal remedies, by turning a Nelson’s eye towards him.”
Additional Sessions Judge Dharmender Rana’s order

The convicts' lawyer had argued that rules dictate that when one convict's plea is pending, the others cannot be hanged.

Advocate AP Singh, representing the convicts – Pawan, Vinay and Akshay – urged the court to adjourn the executions "sine die" (with no appointed date for resumption).

The trial court had on 17 January issued black warrants for the second time for the execution of all the four convicts in the case in Tihar jail at 6 am on 1 February. Earlier, on 7 January, the court had fixed 22 January as the hanging date.

(Photo: ANI) 
(Photo: ANI) 

'Will Continue My Fight': Nirbhaya's Mother Asha Devi

Speaking to the media after the court order, Nirbhaya’s mother Asha Devi said, “The lawyer of the convicts, AP Singh has challenged me saying that the convicts will never be executed. I will continue my fight. The government will have to execute the convicts.”

Our hopes dashed, but I will fight till the convicts are hanged, she added.

Need to Debate How Convicts Are Delaying Death Penalty: MoS Home

Speaking on the Nirbhaya case, Minister of State (Home) G Kishan Reddy said that “there is a need to debate how convicts in heinous crimes are delaying death penalty... by exploiting the judicial process.”

Delhi Court Stays Execution of Convicts Until Further Orders

A Delhi court has stayed the execution of the four convicts in the 2012 Nirbhaya gang-rape and murder case until further orders.

SC Rejects Convict Pawan Gupta's Petition Claiming He Was a Juvenile

The Supreme Court on Friday dismissed Nirbhaya convict Pawan Gupta’s petition claiming that he was a juvenile when the offence took place.

The convict in the 2012 Delhi gang rape and murder case had filed a review plea before the apex court challenging its earlier order which had dismissed the initial petition claiming juvenility.

Gupta had claimed there was new material to show he was actually under 18 at the time. Supreme Court had dismissed the original application by Gupta on 20 January, and has now dismissed the review petition as well.

Gupta has not yet filed a curative petition or mercy petition, which are the final options for a death row convict to get their sentence commuted. Among the other convicts, Mukesh has exhausted all legal remedies, including his mercy petition to the president. Vinay Sharma’s curative petition has been rejected, and his mercy petition is pending before the president. Akshay Kumar Singh’s curative petition has also been rejected, but he is yet to file a mercy petition.

Court Reserves Order on Whether to Stay Execution of Nirbhaya Convicts

A Delhi Court has reserved its order on whether to stay execution of convicts scheduled on 1 February.

It will pass the order later on Friday, according to ANI.

'One Convict's Mercy Plea Pending, Others Can be Hanged'

Tihar authorities have told a Delhi Court that only one convict's mercy plea is pending and the others can be hanged, reports PTI. The jail authorities challenged the maintainability of the convicts’ application seeking stay of execution.

In response, the convicts’ lawyer said that when one convict's plea is pending, rules dictate that others cannot be hanged. Lawyer urges court to adjourn matter "sine die"

Nirbhaya Convict Pawan Gupta Seeks Review of Order Dismissing Juvenility Claim

Death row convict Pawan Gupta moves SC, seeks review of its order dismissing his juvenility claim, reports PTI.

Sessions Judge Seeks Report form Tihar, Stay on Execution to be Heard Tomorrow

Session Judge AK Jain has sought the status report from Tihar Jail authorities till tomorrow 10 am. Hearing on convicts plea seeking a stay on the date of the execution (1 February) to be held tomorrow at Delhi's Patiala House Court.

SC Dismisses Convict Akshay Kumar Singh's Curative Petition

The Supreme Court has dismissed the curative petition filed by death row convict Akshay Kumar Singh in Nirbhaya gang-rape and murder case.

Nirbhaya Case: Convicts’ Lawyer Seeks Stay on 1 Feb Execution Date

AP Singh, lawyer of the convicts moves a plea in Delhi's Patiala House Court seeking a stay on the date of the execution, which is 1 February.

Lawyer AP Singh claimed in the plea that according to the Delhi Prison rules, none of the four convicts in the same crime can be hanged till the last convict has exhausted all his legal options including the mercy petition.

KEY EVENT

Another Death Row Convict Moves Mercy Plea Before President

Vinay Kumar Sharma, one of the four death row convicts in the 2012 Nirbhaya gangrape and murder case, filed mercy petition before President Ram Nath Kovind on Wednesday, 29 January.

Advocate AP Singh, who represents Vinay, said he has filed the mercy petition with the President House and has got a receiving on it.

"I have filed mercy petition for Vinay before the president. I have submitted it by hand," Singh told PTI.

The apex court has already rejected the curative petition of Vinay.

KEY EVENT

SC Dismisses Convict Mukesh's Plea Against Rejection of Mercy Petition

The Supreme Court has dismissed the plea of death row convict Mukesh against the rejection of his mercy petition by President Ram Nath Kovind, reports PTI.

The court said that relevant records, the verdict of the trial court, HC and apex court in the Nirbhaya case were placed by Home Ministry before the President.

KEY EVENT

Another Death Row Convict, Akshay Kumar, Files Curative Petition in SC

A curative petition was filed by Akshay Kumar, one of the four convicts in the 2012 Nirbhaya gang rape and murder case, on Tuesday, 28 January, PTI reports.

Convict's Lawyer Claims He Was 'Sexually Abused' in Jail

Convict Mukesh Kumar Singh’s counsel Anjana Prakash reads out statement, “You have to apply your mind at each and every step. You are playing with somebody's life(on powers conferred to the President with regard to mercy plea). I (Mukesh) was beaten mercilessly after coming to jail.”

Prakash asserts that no opinion was given. Also submits that the prisoner was sexually abused in jail.

Prakash has told the Supreme Court that Mukesh, his brother Ram Singh were sexually abused in Tihar Jail. Ram Singh didn't commit suicide inside the prison but was murdered.

Through senior lawyer Anjana Prakash, Mukesh levels serious accusations against Tihar Jail authorities. He claims he was forced to have sex with Akshay, another accused in the Nirbhaya case. Mukesh has also claimed he was put in solitary confinement.

The Solicitor General said that the allegations that he was sexually abused, ill treated in jail, cannot be ground for mercy.

SC Questions Death Row Convict's Allegation of "Non Application of Mind" on Mercy Plea

The Supreme Court today questioned one of the four death row convicts in the Nirbhaya gang-rape and murder case, as to how he can allege "non application of mind" by the President in rejecting his mercy petition.

“How can you say that these facts were not placed before his excellency the President? How can you say that there was non-application of mind by the President,” the bench, also comprising justices Ashok Bhsuhan and AS Bopanna, asked the lawyer.

When the convict's counsel said that all facts were not placed before the President, Solicitor General Tushar Mehta told the bench that all the records, exhibits and the judgment in the case were placed before the President.

Singh alleged procedural lapses in dismissal of his mercy plea by the President, reports PTI.

'Presidential Pardon is Constitutional Duty': Convict's Lawyer

Senior Advocate Anjana Prakash, arguing for Mukesh, has urged the bench to invoke judicial conscience as to whether due consideration has been given.

“Presidential pardon is a constitutional duty of great responsibility, which must be exercised keeping in mind greater good of people,” said Prakash quoting from Supreme Court precedents, reported LiveLaw.

Dummy Execution of Convicts Performed

Dummy execution of the convicts of 2012 Delhi gang rape case was successfully performed in Tihar jail on Monday, news agency ANI reported, quoting officials.

SC to Hear Plea of One of Four Death Row Convicts Against Dismissal of Mercy Plea

The Supreme Court will hear on Tuesday the plea of death row convict Mukesh Kumar in the 2012 Nirbhaya gang-rape and murder case challenging the dismissal of his mercy petition by President Ram Nath Kovind.

A bench of Justices R Banumathi, Ashok Bhushan and A S Bopanna would hear the plea at 12:30 PM.

Delhi Court Reserves Order on Father's Plea Over Credibility of Sole Witness

Delhi court on Monday, 27 January, reserved its order on a plea filed by the father of one of the four death row convicts in the 2012 Nirbhaya gang rape and murder case, challenging the court's order by which it had dismissed his complaint questioning the credibility of the sole witness in the case.

Judge A K Jain will pronounce the order at 4 PM on Monday.

The sole eyewitness, a friend of the 23-year-old victim, was accompanying her in the bus when the gruesome incident took place and he had also sustained injuries.

Nirbhaya Convict Seeks Urgent SC Hearing Over Mercy Plea Rejection

Death row convict in the 2012 Nirbhaya murder and gang rape case Mukesh Kumar Singh on Monday, 27 January, moved the Supreme Court seeking urgent hearing on his plea against dismissal of his mercy petition by the President.

The 32-year-old Singh's mercy plea was dismissed by President Ram Nath Kovind on 17 January.

A bench headed by Chief Justice S A Bobde said, "If somebody is going to be hanged then nothing can be more urgent than this" and asked Kumar's counsel to approach the mentioning officer as the hanging is scheduled on 1 February.

Nirbhaya Rape Case Convict Moves SC Challenging Rejection of Mercy Plea

Convict Mukesh Kumar Singh, has moved the Supreme Court challenging the rejection of mercy petition by President of India.

'Convicts Using Delaying Tactics': Prosecutor Tells Delhi Court

The Delhi Police on Saturday, 25 January, told a Delhi court that the Tihar jail authorities have supplied all the relevant documents sought by the lawyer of the death row convicts in the 2012 Nirbhaya gang rape and murder case.

The public prosecutor, appearing for police, told Additional Sessions Judge Ajay Kumar Jain that the convicts are only adopting “delaying tactics”.

An advocate appearing for three of the four death row convicts in the case has moved the court on Friday alleging that the Tihar jail authorities were not handing over certain documents and this was causing delay in filing their mercy and curative petitions.

AP Singh had moved an application alleging that the jail authorities are yet to give the documents which are required to file the mercy petition for Vinay Kumar Sharma (26) and curative petitions for Akshay Kumar Singh (31) and Pawan Singh (25).

Convicts Lawyer Moves Application Before Patiala House Court

AP Singh, the lawyer for the convicts, once again moves an application before Patiala House Court. He says that Tihar Jail authorities are yet to release documents that are needed to file curative & mercy petitions for Vinay Pawan and Akshay (convicts).

(Source: ANI)

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Sessions Judge Hearing Nirbhaya Case Transferred

The sessions judge who recently issued death warrants against the four death row convicts in the 2012 Nirbhaya gang grape and murder case has been transferred.

Additional Sessions Judge Satish Kumar Arora has been transferred to the Supreme Court as Additional Registrar on deputation basis for one year, a letter sent by Registrar General, Delhi High Court, to the District Judge, Patiala House Courts, said.

Before his transfer, Arora was hearing the Nirbhaya rape case, besides other cases.

The case is likely to be assigned to new judge soon.

Nirbhaya's Father Urges SC to Frame Guidelines on Number of Pleas a Convict Can File

Nirbhaya's father on Monday urged the Supreme Court to frame guidelines on the number of pleas a convict can file so that women can get time-bound justice.

His remarks came after the apex court rejected the plea of Pawan Gupta challenging a Delhi High Court order, which had dismissed his claim of being a juvenile at the time of commission of offence.

"It is a matter of happiness that the court has rejected his plea. But whenever a petition comes up in court regarding our case, our heart starts beating faster. In the end, we get positive news only," Nirbhaya's father told PTI.

'Tactic to Delay Hanging Has Been Rejected': Nirbhaya's Mother Asha Devi

Speaking after the Supreme Court rejected the plea of death row convict Pawan Kumar Gupta in the Nirbhaya case, Asha Devi, the mother of the gang rape victim, said, “Their tactic to delay hanging has been rejected. I'll be satisfied only when they're hanged on 1 February. Just like they're delaying it one after the other, they must be hanged one by one so that they understand what it means to toy with law.”

SC Rejects Plea of Death Row Convict Pawan Kumar Gupta

The Supreme Court on Monday rejected the plea of death row convict Pawan Kumar Gupta in the Nirbhaya case challenging the Delhi High Court order, which had dismissed his claim of being a juvenile at the time of the offence.

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Pawan's Birth Certificate on Record in Jan 2013: SG

SG Tushar Mehta starts arguing for Delhi Police and submits a list of dates, pointing out that Pawan's birth certificate was on record before the sessions court in January 2013 when his claim of juvenility was rejected.

Mehta added that even Pawan's parents had said he was not a minor.

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Plea of Juvenility Can Be Taken at Any Time: AP Singh

AP Singh cites SC precedents to state that plea of juvenility can be taken at any time, even after the final judgment has been passed.

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AP Singh Claims Fair Trial Not Given to Gupta

AP Singh argued that when the order had been passed by the trial court, no counsel was present and that the plea of juvenility was determined by the trial court by only hearing the prosecutor.

Justice Bhushan rebutted this plea by pointing out that the order passed on juvenility during January 2013 showed that Pawan was produced along with his lawyer. He further went on to argue that the issue of juvenility was not decided because it was done in a hurry because of which a fair trial was not given.

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Same Issue Raised Before Different Courts: Justice Banumathi

Appearing for the Delhi Police, Solicitor General Tushar Mehta said that the present petition is based on the same material which was earlier considered by the court, to which Justice Banumathi also agreed.

“You have raised this plea before the trial Court, which was rejected in 2013. Even the High Court and the Supreme Court have rejected this plea earlier. If this was the first time you were raising the issue, it may have been different,” she said.

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State Hid Evidence of Juvenility: Advocate AP Singh

Advocate AP Singh, appearing for Gupta said that Pawan’s date of birth is 8 October, 1996, claiming that the state had concealed evidence of his juvenility from the court. However, Justice Ashok Bhushan pointed out that this certificate was obtained in February 2017, when Gupta had already been convicted.

Singh alleged that there is a "big conspiracy" to conceal Pawan Gupta’s age.

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Tactic to Delay Execution: Asha Devi on Pawan Gupta's SLP Hearing Today

Speaking about Pawan Gupta’s petition today, Nirbhaya’s mother Asha Devi said that it was just a tactic to delay the execution.

“His petition was cancelled in 2013 by SC. Review petition was also dismissed by the court. He's doing it just to waste time. But all the convicts must be executed on 1 Feb only,” she reiterated.

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Nirbhaya Convict’s Special Leave Petition Hearing on Monday

Supreme Court will hear the Special Leave Petition (SLP) filed by Pawan Kumar Gupta, one of the convicts in 2012 Delhi gang-rape case on Monday, 20 January, reported ANI.

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After HC Order, Delhi Bar Council Takes Action Against Nirbhaya Convict's Lawyer

The Bar Council of Delhi issued notice to advocate A P Singh, appearing for convict Pawan Kumar Gupta in the Nirbhaya gangrape and murder case, after Delhi High Court had last month directed it to take action against the lawyer for filing "forged" documents and not appearing for hearing.

The Bar body issued notice to Singh for 28 February and sought his reply within two weeks. The high court had imposed Rs 25,000 as costs on advocate A P Singh, who filed the petition for Pawan.

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'Indira Jaising Should Be Ashamed': Nirbhaya's Father

Nirbhaya's father on Saturday, 18 January, said senior lawyer Indira Jaising should be “ashamed” of suggesting pardon for the four death row convicts in his daughter's gang rape case and said his family isn't as “large-hearted” as Congress leader Sonia Gandhi.

“She (Jaising) is a woman herself. She should be ashamed of her comments and apologise to Nirbhaya's mother,” he told PTI.

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'Who's Jaising to Suggest I Pardon the Convicts': Nirbhaya's Mother

Nirbhaya’s mother, Asha Devi, on Saturday, hit out at senior lawyer Indira Jaising for urging her to pardon the convicts on death row for the 2012 Delhi gang rape and murder case.

“Who is Indira Jaising to give me such a suggestion? The whole country wants the convicts to be executed. Just because of people like her, justice is not done with rape victims,” Asha Devi told ANI.

Jaising took to Twitter on Friday, requesting Devi to follow the example of interim Congress President Sonia Gandhi, “who forgave Nalini (one of former PM Rajiv Gandhi’s assassins) and said she didn’t not want the death penalty for her.”

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SC to Hear Nirbhaya Convict’s Plea on Being Juvenile on 20 Jan

The Supreme Court will hear on 20 January, a plea of a death row convict in the Nirbhaya gang rape and murder case against a Delhi High Court order dismissing his claim of being a juvenile at the time of commission of the offence.

A bench of Justices R Banumathi, Ashok Bhushan and AS Bopanna will hear the plea of Pawan Kumar Gupta.

Gupta moved the apex court on Friday challenging the high court's order dismissing his claim of being a juvenile in December 2012.

Besides, the convict has sought a direction restraining the authorities from executing the death penalty, which has been scheduled for 1 February.

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