SC stays execution of 2 convicts in the Nirbhaya gang rape, convicts claim denial of fair trial

The Supreme Court today stayed till March 31 the execution of 2 convicts in the Delhi gang rape of December 16 of the paramedical student. The execution was stayed by a Division Bench comprising Justices Ranjana Prakash Desai and Shiva Kirti Singh after a special hearing given today to the 2 accused Mukesh and Pawan Kumar Gupta (Petitioners)..Advocate Manohar Lal Sharma is representing the Petitioners..In the petition, a copy of which is with Bar & Bench, the Petitioners have claimed that they were neither given a fair trial nor an advocate of their choice to defend them. They have submitted that, .“Because Art 21 and 22 guarantee for fair trial and right of hearing through advocate of his choice. Torture, imposition of police advocate upon accused persons against his wish and procuring false statements from accused under torture in trial proceeding to support prosecution case cannot be termed as a fair trial.Because neither Constitution of India nor CR.P.C. permit to imposed a shadow counsel for shadow trial for procuring the death sentence /convictions……. Under police torture/pressure upon the petitioner/ petitioner’s family members V.K. Anand procured Vakalatnama from the petitioner no.1 from time to time and did all action and proceeding on the behest of the state /prosecution as per state/police directions to fix and procure conviction & death sentence of the petitioner.”.The Petitioners have also assailed the Prosecution story with regard to the use of an iron rod to inflict damages on the victim claiming that,.“repeated insertion of Iron road perforated entire intestine” cannot be accepted as true within the true facts that said rod did not damaged uterus. The story is unnatural and against the medical facts of human structure. Without crossing/damaging uterus rod cannot go in upper side of the body.”.They have also sought to indict the friend of the victim stating that,.“No investigation was done about the boy who picked up the girl from Dwarka bus stand for enjoyment and returned in midnight by a bus instead of taxi, metro and DTC bus which was available till 11.30 p.m. in that area. Presence of senior police officers discloses serious facts that real accused person belong to high society has been rescued by them and innocent petitioners have been implicated to face trial and death sentence instead of real accused persons.”.The Court after hearing ML Sharma stayed the execution of the Petitioners till March 31 and directed that the matter be placed before the Chief Justice for listing it before the appropriate Bench..Read the order below.