Courts can't discriminate convicts in pursuit of their legal remedies, says Delhi Court on Nirbhaya verdict

A Delhi court on Friday stayed till further orders the execution of the Nirbhaya gang-rape and murder convicts and observed that the court cannot discriminate any convict, including death row convict, in pursuit of their legal remedies.

"The Courts of this country cannot afford to adversely discriminate any convict, including death row convict, in pursuit of his legal remedies, by turning Nelson's eye towards him," said the Additional Sessions judge Dharmender Rana.

"As a cumulative effect of the aforesaid discussion, I am of the considered opinion that the execution of warrants issued by this Court vide order dated 17.01.2020 deserves to be postponed till further orders," he further added.

The execution of the convicts in the case was scheduled to take place on February 1.

During the hearing today, public prosecutor Irfan Ahmad said that convict Mukesh has no legal remedies available and the sentence on Mukesh should be executed.

Advocate AP Singh, appearing on behalf of the convicts, submitted that some legal remedies are still available for the convicts adding that Mukesh has been sincerely pursuing all legal remedies without delay.

On the other hand, Ahmad argued that the application moved by Vinay and Akshay is non-maintainable as per the Delhi Prison Rules but said that the execution of Vinay can be postponed.

Recently, Vinay Sharma had filed a mercy petition in the matter.Advocate Seema Kushwaha, representing the victim's side, said that the convicts herein are adopting delay tactics to thwart the speed of justice.

Earlier today, Tihar jail authorities filed a status report in the matter and informed the court that the convicts can be hanged separately adding that convict Mukesh Singh has exhausted all the legal remedies available to him.

A Delhi court had earlier issued death warrants for the four convicts -- Akshay Thakur, Mukesh Singh, Pawan Gupta, and Vinay Kumar Sharma -- for their execution on February 1.

The case pertains to the gang-rape and brutalising of a 23-year-old paramedical student in a moving bus on the night of December 16, 2012, by six people including a juvenile in Delhi.

The woman had died at a Singapore hospital a few days later.One of the five adults accused, Ram Singh, had allegedly committed suicide in the Tihar Jail during the trial of the case.