The Delhi High Court on Thursday dismissed the plea filed by three of the four death row convicts in the Nirbhaya gang-rape and murder case challenging the trial court order declining to stay their execution scheduled for early Friday morning.
In a late night hearing, a bench comprising Justices Manmohan and Sanjeev Narula dismissed the plea saying it was devoid of merits.
While dismissing the plea, the bench said pending pleas of the convicts in various fora is untenable in law as a ground to stay execution.
The high court in its order also said that plea of juvenility of Pawan had been raised all the way up to the Supreme Court and was rejected each time and therefore, it cannot be agitated in the present case.
The bench said pendency of proceedings, initiated by the convicts or involving them at various fora is untenable in law as a ground for staying execution.
Advocate A P Singh, counsel for the convicts, told media persons outside the court that the system was against them.
"Execution of the four convicts had become a prestige issue," Singh said, adding that their execution will not end rapes.
Mother of the victim expressed hope and said the four convicts will be hanged at 5.30 am.
Lawyers for Nirbhaya's parents said they believe the convicts would be moving the Supreme Court and they will be outside it till the hanging is confirmed.
The trial court on Thursday afternoon dismissed the plea of Akshay Kumar Singh, Pawan Gupta, Vinay Sharma seeking to stay their death warrants.
They, along with Mukesh Singh, are scheduled to be hanged on Friday at 5.30 am.