Nirbhaya case: Delhi HC dismisses last minute plea by convicts

After a hearing that lasted for around two hours, the Delhi High Court has dismissed the last-minute plea by the convicts seeking stay on execution slated for 5.30 am on Friday.

The Delhi High Court pulled up lawyer of Nirbhaya convicts', AP Singh, for not adhering to prerequisite technicalities before filing the petition.

A Division Bench of Justice Manmohan and Justice Sanjeev Narula was hearing the plea of three convicts -- Akshay Singh Thakur, Vinay Sharma and Pawan Gupta.

Advocate Singh said, "There are death warrants issued in the instant matter. The petition under Article 32 was fixed for today. At the time of the hearing, I submitted each and everything before the trial court. During the hearing in the Supreme Court, a trial court passed the order dismissing to adjourn the execution."

The High Court observed that there is no foundation given in the petition. "It has been filed without any index, list of dates, memo of parties, annexure or any affidavits," the High Court stated.

Responding to this, Singh said, "No photocopy machine was working due to coronavirus. I am facing trouble."

"I have been so hopeless because of coronavirus. The photocopies are not available. I have everything but was not able to give copy because there are no means to get the photocopy done," he added.

The court ruled, "You (Advocate AP Singh) have moved three courts today. You cannot say that things are not accessible. We are here at 10 pm listening to you."

Advocate Rahul Mehra, appearing for Delhi Police/Tihar Jail said that Pawan Gupta did not exercise his access to criminal appeal for two and half years.

Advocate Singh apprised the court about the various cases pending before different forums including the divorce petition of Akshay's wife, International Court of Justice (ICJ), criminal appeal in the High Court in the robbery case, a petition in the High Court against the election commission.

To this, Mehra said that these are not the relevant cases.

Earlier on Thursday, a Delhi court refused to stay the execution of the four death row convicts in the 2012 Nirbhaya gang-rape and murder case.

The Supreme Court dismissed a petition filed by Mukesh Singh, another convict in the matter, challenging a Delhi High Court's order rejecting his claim that he was not in the national capital when the crime was committed.

The case pertains to the brutal gang-rape and killing 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 the national capital. The woman had died at a Singapore hospital a few days later.