Nirbhaya: Centre moves Delhi HC against stay on execution of death warrant; Hearing on Sunday

The Delhi High Court today issued notice to the four Nirbhaya convicts in Central Government's plea against stay on execution of death warrant.

Notice was issued to Mukesh, Vinay, Pawan and Akshay by a Single Judge Bench of Justice Suresh Kumar Kait in a petition by the Central Government, assailing the order passed by the Additional Sessions Court yesterday.

The matter was mentioned for urgent before the Chief Justice and was subsequently heard by Justice Kait in the evening.

While disposing of the stay application filed by all four convicts, the Court of Additional Sessions Judge Dharmender Rana had postponed the execution of the death warrant till further orders.

The execution was deferred in view of the pendency of Vinay's mercy plea before the President as well the availability of legal remedies before other co-convicts.

In its petition filed through Standing Counsel Amit Mahajan, Centre has contended that the ASj, while postpoining the execution, failed to consider that the convicts were found to be guilty of a "horrible, dreadful, cruel, abominable, ghastly, gruesome and henious offences of rape coupled with a bone chilling murder of a young girl which shook the conscience of the entire nation".

Solicitor General Tushar Mehta today argued that the four convicts had been acting 'in tandem' to abuse the process of law and delay the execution of sentence.

Mehta informed the Court about the series of petitions and applications filed by the convicts and remarked the convicts had taken the process of law for a 'joyride'.

After hearing Mehta, the Court issued notice to the convicts.

Yesterday, the ASJ had opined that it did not agree with the contention that the jurisdiction to stay the death warrant rested with the Delhi Government and held that in view of second proviso to Rule 836 of the Delhi Prison Rules, in case the appeal or application by one was pending, the execution of sentence shall be postponed in case of all.

Presently, while the mercy of Vinay has been rejected by the President, convict Akshay's mercy plea is pending.

On January 7, 2020, the Court had issued death warrant against the four convicts, namely Mukesh, Pawan, Vinay and Akshay for January 22, 2020.

A second death warrant for February 1 was issued by the Court on January 17 after Mukesh's mercy petition was rejected by the President of India.

The matter would be heard next tomorrow, on Sunday (February 2).