The Supreme Court on Tuesday heard the special leave petition (SLP) filed by the Centre and Delhi government against the judgment of Delhi High Court in connection with the stay on the execution of convicts in the Nirbhaya gangrape and murder case. This comes after a Delhi court Friday dismissed Tihar jail authorities' plea seeking fresh date for execution of the four death row convicts in the Nirbhaya gang rape and murder case.
One of the judges, Justice Ashok Bhushan observed that if one convict is not filing his legal option, the other can go to the concerned court with his plea seeking fresh death warrant in the case. Solicitor Mehta further stated that the Mercy petition is always one's individual-centric. Questioning solicitor Tushar Mehta, Justice Bhushan said,
"Your charts show three mercy petitions have been rejected. Pawan has not filed. Why don't you file for a fresh death warrant? You can't force a convict to file his mercy plea."
Supreme Court: Justice Bhushan asks Solicitor General Tushar Mehta, "Your chart shows 3 mercy petitions have been rejected. Pawan hasn't filed. Why don't you file for a fresh death warrant?". https://t.co/iXTHWOx2x5— ANI (@ANI) February 11, 2020
Furthermore, Mehta objected Justice Bhushan's observation that convicts may be given further 14 days' time to file mercy plea, stating it to be incorrect. The court also cleared that it does not want to delay the process of one petition or the other will be filed.
Moreover, Mehta said that even if the death warrant is issued now by the trial court and if Pawan files a mercy petition, the proceedings will be stalled again.
On January 31, Patiala House Court deferred the execution of all the four convicts in the Nirbhaya rape and murder case until further orders. Currently, SC has rejected all convicts' review petition while the president has rejected three convicts' mercy plea. The Supreme Court has rejected three convicts' curative petition, while one is yet to file curative petitions. Previously, the Patiala House court set an execution date on January 22 and later extended it to February 1.
(With Inputs from ANI)