Nirbhaya case: Convicts not to be hanged on Saturday, death warrants postponed by court

The four death row convicts in the Nirbhaya gang rape and murder case will not be hanged on Saturday morning as a Delhi court on Friday postponed the execution of their black warrants till further order.

Additional Sessions Judge Dharmender Rana passed the order on the plea by the convicts seeking adjournment of the executions "sine die" (with no appointed date for resumption).

Mukesh Kumar Singh (32), Pawan Gupta (25), Vinay Kumar Sharma (26) and Akshay Kumar (31) were scheduled to be hanged on February 1 at 6 am.

This is for the second time that the execution of the death warrants has been deferred. The first order for execution of death sentence, issued on January 7 for January 22, was stayed on January 17. The second warrant, issued on January 17, for February 1 was stayed on Friday.

Advocate A P Singh, the counsel for the three convicts -- Pawan, Vinay and Akshay -- had urged the court to adjourn the matter "sine die" saying their legal remedies were yet to be exhausted.

The Tihar jail authorities challenged their application saying it was not maintainable and the death row convicts can be hanged separately.

The argument of the Tihar jail authorities was however not accepted by the court.

The convicts' lawyer argued that rules dictate that when one convict's plea is pending the others cannot be hanged.

The judge noted in the order that if an appeal or an application is made by only one convict, the execution of sentence shall be postponed in the case of co-convicts also.

The judge said: "Without commenting upon the dilatory tactics adopted by the convicts, suffice it would be to state that seeking redressal of one's grievances through procedure established by law is the hallmark of any civilised society. The courts of this country cannot afford to adversely discriminate any convict, including death row convict, in pursuit of his legal remedies, by turning a Nelson's eye towards him.

"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 dates January 17, 2020 deserves to be postponed till further orders."
"These convicts have no right to live. We keep getting disappointed by the system. I will continue my fight till the convicts are hanged," she said. on
Grover said, "If the mercy plea of Vinay allowed, it will open a chance for me to file another mercy plea. In Yakub Memon's case there were talks of filing second mercy plea. It's wrong to say that there's no legal remedy left."