India | SC rejects Nirbhaya convict's plea on stay on death penalty

NEW DELHI:With just two days remaining for the execution of the convicts in the Nirbhaya gang-rape and murder case, the Supreme Court on Thursday rejected the curative petition of Akshay, one of the convicts in the case, seeking a stay on the death sentence.

A five-judge bench headed by Justice N.V. Ramana and comprising Justices Arun Mishra, R.F. Nariman, R. Banumathi and Ashok Bhushan, considered Akshay's petition in-chambers.

"The application for oral hearing is rejected. The application for stay on the execution of death sentence is also rejected," said the top court.

Earlier, the apex court had dismissed the curative petitions of the other convicts Mukesh and Vinay.

The Supreme Court on Wednesday had dismissed convict Mukesh Singh's plea seeking judicial review of the rejection of his mercy petition by the President.

With this decision by the top court, Mukesh has exhausted the last legal remedy available to him against the death sentence.

A bench comprising Justices R. Banumathi, Ashok Bhushan and A.S. Bopanna said that all the relevant documents connected with the case were placed before the President and then a decision was taken on his mercy petition.

The court observed that the alleged ill-treatment and cruelty in jail is no ground to grant mercy to the convict.

Also, Mukesh's counsel's contention that there was non-application of mind while rejecting his mercy petition was rejected by the court.

Mukesh' counsel had submitted that there was non-application of mind in rejection of the petitioner's mercy petition, as it was rejected with lightning speed.

Source: punjabnewsexpress.com, IANS, January 30, 2020

After Supreme Court dismisses curative petition, I hope convicts are hanged on February 1: Nirbhaya's mother

The dismissal of the curative petition of Akshay Thakur by the Supreme Court has brought the convicts closer to their execution and now without any delay, they should be hanged on February 1, said Nirbhaya's mother Asha Devi on Thursday.

"They have moved a step forward towards their execution. Now, nothing is left to provide them as they were given all the time. All that is left is to hang them. Now, they should be hanged without any delay," Devi told ANI.

"It's not only me but everyone has understood that they are trying to delay the execution. They have made a mockery of the system. I still hope that they will be hanged on February 1 and will continue with the fight," she added.

Expressing happiness over the Supreme Court's decision, Nirbhaya's father Badrinath Singh said, "I welcome the decision of the top court. There is, of course, a delay in the process but we are not disappointed. We hope they will be hanged soon."

Earlier in the day, the Supreme Court dismissed the curative petition of Akshay Thakur, who had sought the commutation of his death sentence to life imprisonment.

A five-judge bench of the apex court headed by Justice NV Ramana heard the matter.

The curative petition, which was filed by advocate AP Singh on behalf of Akshay, sought the commutation of the sentence of the petitioner "as it serves all the purposes that the death penalty claims to serve and protects society from the impending reality in the near-future in which torture and murder are equated with justice as a panacea for all social evils."

Source: ANI, Staff, January 30, 2020

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