The Supreme Court said: The lower court will issue a new date for hanging
New Delhi. The Supreme Court on Friday made it clear that pending the Centre's plea seeking the separate execution of four convicts in the Nirbhaya gang rape and murder case, in the path of issuing a new date by the trial court for hanging the culprits Will not come in the way.
The Supreme Court stated that since no plea of convicts is pending before the apex court and mercy petitions of three of them have been dismissed by the President, the fourth convict has so far given mercy petition Has not chosen In such a case, the lower court can issue a new date for hanging. A bench of Justice R Bhanumathi, Justice Ashok Bhushan and Justice AS Bopanna listed the Centre's plea against the Delhi High Court order for hearing on February 17.
High Court to quash the hanging of the four convicts Was refused. The bench said, "We want to make it clear that the pendency of these petitions should not be taken as a hindrance by the lower court to consider the subject accordingly."
Filed against the mercy petition of the convict Vinay Sharma facing the President, his petition was dismissed. In this way, the apex court has cleared the way for his execution.
Solicitor General Tushar Mehta, appearing for the Center, said that the lower court had on February 13 adjourned the petition of Tihar authorities, Through which there was a demand to hang the culprits on 17 February. The court had noted the fact that the petition challenging the dismissal of Vinay Sharma's mercy petition is pending in the apex court.
The bench said that Sharma's petition was dismissed today and the lower court proceeded in this matter. Can. Mehta said that the three convicts Mukesh Kumar Singh (32), Vinay Sharma (26) and Akshay Kumar Singh (31) had filed mercy petitions and exercised their constitutional options.
He said that the fourth convict Pawan Gupta ( 25) has not yet filed a corrective petition or mercy petition. Mehta said that he feared that on February 17, when the subject would come before the lower court, another writ petition would be filed in the apex court.
On this, the bench said that no person can get relief Can not force to use the options of. Mehta said, Article 21 (the right to life) is a valuable right but it cannot be allowed to be used as a weapon to defeat justice.
The bench said that since the lower court had given the case on 17 February Listed for, so it would be better that this court wait for the result.
However, the court listed the subject for further hearing on 20 February. The lower court had on January 31 stayed the execution of the four convicts, Mukesh Kumar Singh, Pawan Gupta, Vinay Kumar Sharma and Akshay Kumar, till further orders. These four convicts are currently lodged in Tihar Jail.
The Delhi High Court had said that the four convicts will be hanged together and not separately. The apex court on Friday said that all the material including Sharma's medical report was presented to the President and he had considered all the facts while dismissing the mercy petition.
The apex court made Sharma's argument in view of the medical report Also denied that his mental condition is not well and said that according to this report his health is fine.
Supreme Court accuses Nirbhaya Vinay Sharma's mercy plea rejected his petition against the rejection by the President. In this way, the apex court has cleared the way for his execution. The Court refused to accept Sharma's plea that the President did not consider all the facts while rejecting his mercy petition and this was done in a malicious manner.
The Court said, when the highest constitutional authority (President) Taking note of the various documents presented with the mercy petition, it decided to dismiss the mercy petition, in such a case it cannot be argued that the highest no. The statutory authority did not consider the facts.
A bench of Justice R Bhanumathi, Justice Ashok Bhushan and Justice AS Bopanna dismissed Vinay Kumar Sharma's plea stating that there was no basis for judicial review of the order dismissing the mercy petition.
Six people were gang-raped by Nirbhaya in a moving bus in south Delhi on December 16-17, 2012, and after imprisonment, she was hit by a road And was thrown. Nirbhaya later died in a hospital in Singapore on 29 December 2012. Ram Singh, one of the six accused in the case, allegedly committed suicide in Tihar Jail while the sixth accused was Kishore, who was released in 2015 after being kept in a reform home for three years.
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