Mukesh Singh, one of Nirbhaya’s convicts, has challenged the death warrant issued by the Patiala House court in the High Court. Mukesh’s petition will be heard in the High Court on Wednesday. Because on Tuesday, the Supreme Court dismissed the curative petition of Mukesh and Vinay. After this Mukesh has also sent a mercy petition to the President. With this, almost all the legal options with Nirbhaya’s culprits have been exhausted.
Please tell that on January 7, the death warrant was issued by the court for the execution of Nirbhaya’s convicts. These convicts are to be hanged on 22 January. The petition submitted has been listed for hearing before the bench of Justice Manmohan and Justice Sangeeta Dhingra Sehgal.
This petition has been filed on behalf of Mukesh by advocate Vrinda Grover. This petition states that Mukesh has sent a mercy petition to the Lieutenant Governor and the President. Therefore the death warrant should be canceled. The implementation of this warrant should be stayed, otherwise the constitutional right of the petitioner will be affected.
Demand to give 14 days notice
The petition states that in the event of mercy petition being rejected, 14 days notice should be given to execute its death warrant. According to the decision of the Supreme Court in Shatrughan Chauhan vs Center case, there should be a 14-day gap between the notice of dismissal of the mercy petition and the execution of the warrant of execution so that it can exercise its legal right.
The curative petition of the guilty Vinay-Mukesh dismissed
The Supreme Court on Tuesday dismissed the curative petition (corrective petition) of two Nirbhaya convicts, Vinay Sharma and Mukesh Kumar. A five-member bench of the Supreme Court also refused to stay his death warrant. With this, both of them had the last legal option to escape the death penalty. However, they have a way to file mercy petition before the President. Two other convicts Akshay Singh and Pawan Gupta are yet to file a curative petition.
A bench of Justices NV Ramana, Justice Arun Mishra, Justice RF Nariman, Justice R Bhanumathi and Justice Ashok Bhushan dismissed the curative petitions after looking into the pleas and documents of both. At 1:45 pm, the court turned down the demand for a moratorium on the death warrant. The demand for hearing in the open court on both the pleas was also rejected. Significantly, on January 7, a Delhi court has issued a death warrant against the four and has fixed the time for hanging on January 22 at seven in the morning. Both had filed a curative petition on 9 January.
Conduct and Family Referral
Vinay said in the petition that his young age was unfairly rejected. Social, economic status, dependents in the family including sick parents, good behavior in prison and the possibility of reform were not taken into consideration. He cited 17 cases in which the Supreme Court has commuted death sentence in the rape and murder case to life imprisonment.
Last constitutional way mercy petition
Vinay-Mukesh himself or his relatives can file mercy petition under Article-72.
If this happens, the President’s Office will seek advice from the Central Government on the mercy petition.
The Union Home Ministry will report to the President after a consultation with the state concerned.
It is binding on the President to accept the government’s decision. However, the settlement of mercy petition is not fixed. Pending the plea, the convict can plead with the court to stay the death penalty.
Mukesh appeals to the High Court against the death warrant
Mukesh Kumar, one of the four convicts sentenced to death in the Nirbhaya case, has moved the Delhi High Court against the death warrant for dismissal of curative petition from the Supreme Court. Mukesh has filed a petition in the High Court through his lawyer Vrinda Grover. The case has been listed for hearing before the court of Justices Manmohan and Justice Sangeeta Dhingra Sehgal. The petition seeks a moratorium on the death warrant issued on January 7. It said that Mukesh filed a mercy petition before the President and the Lieutenant Governor of Delhi on Tuesday itself.