A Delhi court on Friday after it postponed the execution of death warrants of the four convicts (Photo Credit: Composite Image)
New Delhi:
The courts of this country can not afford to a 'Nelson's Eye' against any convict, including death row convicts, observed a Delhi court on Friday after it postponed the execution of death warrants of the four convicts in the Nirbhaya gangrape-and-murder case till further order. In the order, the judge noted 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 mercy plea of one of the convicts is pending before the president.
The court passed the order on plea by the convicts seeking a stay on their execution on Saturday, February 1. The trial court on January 17 issued black warrants for the execution of all the four convicts.
"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." Additional Sessions Judge Dharmender Rana observed in his ruling.
Nelson's eye means the same as 'turning a blind eye' to something. It means opting to deliberately ignore an issue or pretending it does not exist.
"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," the judge said.
The trial court on January 17 issued black warrants for the second time for the execution of all the four convicts in the case in Tihar jail at 6 am on February 1. Earlier, on January 7, the court had fixed January 22 as the hanging date.
The court said a copy of this order be given to the counsel for convicts and the jail officials present in the court.
"The jail superintendent is directed to file the compliance report by tomorrow," it said.
Nirbhaya's mother Asha Devi on Friday said she will continue her fight till the convicts in the 2012 gangrape and murder case are hanged, shortly after a Delhi court postponed the execution of death warrants till further order.
Devi told reporters her "hopes are dashed" but she will continue her fight till the convicts are hanged. "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.
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The court had reserved its order in the pre-lunch session. The court did not agree with the Tihar jail authorities which had challenged the application of three condemned prisoners in the case seeking a stay on their execution. The black warrants for execution of the death sentence against Pawan Gupta, Vinay Kumar Sharma, Akshay Kumar and Mukesh Kumar Singh, were issued on January 17.
The convicts' lawyer argued that rules dictate that when one convict's plea is pending the others cannot be hanged. Advocate A P Singh, representing the convicts -- Pawan, Vinay and Akshay -- urged the court to adjourn the executions "sine die" (with no appointed date for resumption). Vinay's mercy plea before the president is pending.
Mukesh mercy plea was dismissed by President Ram Nath Kovind on January 17. The appeal against the rejection was thrown out by the Supreme Court on Wednesday. The curative petitions of Vinay and Akshay have been rejected by the apex court. Pawan is the only one yet not to file a curative plea.
Convicts have the option of moving a mercy petition before the president only after the apex court dismisses their curative plea.
Earlier in the day, the apex court dismissed Pawan's plea seeking review of the decision by which his application claiming to be a juvenile at the time of the commission of offence was rejected.
A 23-year-old physiotherapy intern who came to be known as "Nirbhaya" (the fearless one) was gangraped and savagely assaulted on the night of December 16, 2012, in a moving bus in South Delhi. She died of her injuries a fortnight later in a Singapore hospital.
