SC dismisses Nirbhaya's convict review plea after finding no merit

The Supreme Court on Wednesday dismissed the review petition filed by one of the four convicts, Akshay Kumar Singh, in connection with Nirbhaya gangrape and murder case, after finding no merits in it.

"We don't find any merit in the review petition. We dismiss it accordingly," a bench headed by Justice R Banumathi said while pronouncing the order in a jam-packed courtroom.

Akshay had moved the top court seeking clemency on the ground that the "rising pollution" has already increased the mortality rates. He sought a commutation of the death penalty awarded to him and three others.

"Considering the submissions, we have said that the petitioner has sought to assail the facts yet again which can't be done at this stage. We have given due consideration to grounds. Accordingly at this stage, we dismiss the review petition," the order authored by Justice R Banumathi stated.

The apex court observed that the grounds raised by Akshay are "identical" to the ones raised in the review petitions filed by other convicts last year, which were also dismissed.

Besides Akshay, three other convicts, Mukesh, Akshay and Pawan are facing the gallows for rape and murder of a 23-year-old paramedical student in a moving bus on the night of December 16, 2012. The girl, who was later named Nirbhaya, died of injuries a few days later.

Two more persons, including prime accused Ram Singh, were also accused of committing the crime. Singh, however, committed suicide in the Tihar jail during the trial of the case. Another accused was a minor at the time of the commission of the crime and was sent to a reform facility.

In 2013, a fast-track court had held the four condemned men guilty in the case. Their conviction was also upheld by the Delhi High Court and Supreme Court later.

Akshay is only one of the four convicts who had not filed the review petition in the case. Mukesh, Pawan and Vinay had filed the review petition last year but it was rejected by the apex court. As a last resort, Vinay, filed a mercy petition last month, but later sought to withdraw it.

Meanwhile, a Delhi court is also slated to hear a petition seeking issuance of death warrants against the four convicts today at 2 pm.