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Last Updated : Jan 15, 2020 03:19 PM IST | Source: Moneycontrol.com

Nirbhaya case: Delhi HC rejects convict’s plea seeking stay on death warrant issued by trial court

Mukesh Singh is one of the four death row convicts in the 2012 Nirbhaya gang rape and murder case

The Delhi High Court, on January 15, rejected convict Mukesh Singh’s plea seeking to stay the death warrant issued against him by the trial court.

Mukesh Singh is one of the four death row convicts in the 2012 Nirbhaya gang rape and murder case.

The High Court also noted that the Supreme Court of India (SC) has rejected the appeal, review and curative pleas of the convict and that there is nothing wrong with trial court's order.

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The High Court was hearing Mukesh’s plea seeking a stay on the death warrant issued by a Delhi trial court earlier. Mukesh Singh had sought the warrant be quashed as his mercy plea was pending with the President.

According to Live Law, Justice Manmohan said that plea looked like a strategy to prolong the matter and that the petitioner to approach the Supreme Court for seeking stay on the death warrant.

“You cannot play one court against the other,” Justice Manmohan said.

The petitioner sought withdrawal of the plea with a liberty to file it again.

Mukesh Singh had filed the mercy plea before the President on January 14, shortly after the Supreme Court refused to stay his scheduled execution.

The mercy plea was filed by 32-year-old Mukesh Singh, who will be hanged at 7.00 am on January 22 in Tihar jail along with Vinay Sharma (26), Akshay Kumar Singh (31) and Pawan Gupta (25), as ordered by a Delhi court that had issued their death warrants on January 7.

Director General (Prisons) Sandeep Goel said Mukesh had moved the mercy plea in the evening after his curative petition -- and that of Vinay -- was dismissed by the apex court.

Ahead of the hearing, news agency ANI quoted Asha Devi, mother of victim, as saying, “He (Mukesh) can do whatever he wants. But everything is crystal clear. The Supreme Court and the High Court know everything. I hope his request will be dismissed.”

Meanwhile, the Delhi government told the High Court that convicts’ execution will not happen on January 22 as Mukesh’s mercy plea is pending.

A 23-year-old paramedic student was gang-raped and brutally assaulted on the intervening night of December 16-17, 2012, in a moving bus in south Delhi by six people before being thrown out on the road. She died at Mount Elizabeth Hospital in Singapore on December 29, 2012.

The Supreme Court had in 2017 upheld the capital punishment awarded to the four convicts by the Delhi High Court and a trial court.

On July 9, 2018, the apex court had dismissed the review pleas filed by three of the convicts in the case, saying no grounds had been made out by them for review of the 2017 verdict.

(With inputs from PTI)

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First Published on Jan 15, 2020 03:19 pm
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