In a hearing that bordered on the dramatic, the Supreme Court today gave December 16 Delhi gang rape accused, Mukesh an opportunity to file an additional affidavit setting out mitigating circumstances..The order was passed by a Bench of Justices Dipak Misra, R Banumathi and Ashok Bhushan after the four convicts filed their affidavits setting out the mitigating circumstances..This was pursuant to the order of the Court on February 3 when it had agreed to hear the sentencing aspect of the convicts afresh and had given liberty to the four convicts to set out mitigating circumstances..When the matter was taken up for hearing today, the affidavits filed by all the accused were found to be satisfactory, except the affidavit of accused Mukesh, which was a tale bordering on hysteria..Contending that a lawyer was forced on him at the trial stage, he also alleged that his earlier counsel VK Anand had “ruined his case in Court”..More revelations followed..“The truth is that I do not know how to drive, but I said otherwise due to the pressure built upon me by the State police and my lawyer VK Anand.”.This statement was contradicted by the Special Public Prosecutor, Siddharth Luthra, who instantly pointed to the annexure containing a copy of the driving license of the accused..The affidavit also contained references of custodial torture being inflicted upon the accused, and a fervent plea requesting that he be hanged, as opposed to suffering every single day..Senior Advocate and Amicus Curiae Raju Ramachandran, at this point, proceeded to suggest that a questionnaire be posed to the accused, so as to enable the Court to complete the exercise it had undertaken in the last hearing..However, when a copy of the questionnaire was submitted to the Court, it was clear that the Bench did not think it to be the best way forward. The judges opined that a questionnaire would require judges to venture into inquisitorial territory and shot down the proposal..However, the Bench did allow liberty to the appellant Mukesh to submit an additional affidavit enlisting the mitigating circumstances present in his case..Image taken from here.
In a hearing that bordered on the dramatic, the Supreme Court today gave December 16 Delhi gang rape accused, Mukesh an opportunity to file an additional affidavit setting out mitigating circumstances..The order was passed by a Bench of Justices Dipak Misra, R Banumathi and Ashok Bhushan after the four convicts filed their affidavits setting out the mitigating circumstances..This was pursuant to the order of the Court on February 3 when it had agreed to hear the sentencing aspect of the convicts afresh and had given liberty to the four convicts to set out mitigating circumstances..When the matter was taken up for hearing today, the affidavits filed by all the accused were found to be satisfactory, except the affidavit of accused Mukesh, which was a tale bordering on hysteria..Contending that a lawyer was forced on him at the trial stage, he also alleged that his earlier counsel VK Anand had “ruined his case in Court”..More revelations followed..“The truth is that I do not know how to drive, but I said otherwise due to the pressure built upon me by the State police and my lawyer VK Anand.”.This statement was contradicted by the Special Public Prosecutor, Siddharth Luthra, who instantly pointed to the annexure containing a copy of the driving license of the accused..The affidavit also contained references of custodial torture being inflicted upon the accused, and a fervent plea requesting that he be hanged, as opposed to suffering every single day..Senior Advocate and Amicus Curiae Raju Ramachandran, at this point, proceeded to suggest that a questionnaire be posed to the accused, so as to enable the Court to complete the exercise it had undertaken in the last hearing..However, when a copy of the questionnaire was submitted to the Court, it was clear that the Bench did not think it to be the best way forward. The judges opined that a questionnaire would require judges to venture into inquisitorial territory and shot down the proposal..However, the Bench did allow liberty to the appellant Mukesh to submit an additional affidavit enlisting the mitigating circumstances present in his case..Image taken from here.