Nirbhaya case: Centre moves SC, seeks time-limit to file curative, mercy pleas

“Convicts are playing with law and delaying their execution,” the petition observed

The four convicts of Nirbhaya gang-rape case —Vinay Sharma, Akshay Kumar Singh, Mukesh Kumar Singh and Pawan Gupta The four convicts of Nirbhaya gang-rape case —Vinay Sharma, Akshay Kumar Singh, Mukesh Kumar Singh and Pawan Gupta

In the wake of the continuous delay in the execution of four convicts in the Nirbhaya gang-rape case, the Ministry of Home Affairs (MHA) on Wednesday moved an application before the Supreme Court praying for modification of the "convict-centric" guidelines and to make them "victim-centric" to reinforce people's faith in the rule of law.

The MHA, in its petition, demanded a time-limit for death row convicts to file curative petition after a review plea was rejected. It also sought the top court's direction that a death row convict should file the mercy petitions within seven days of issuing the death warrant.

“The convicts are playing with law and delaying their execution,” the petition observed.

The Centre's petition comes two days after Nirbhaya's father on Monday urged the top court to frame guidelines on the number of pleas a convict can file so that time-bound justice can be delivered, claiming that the four death row convicts in the 2012 gangrape and murder case were employing "delaying tactics" by filing petitions. 

The apex court had on Monday rejected the plea of Pawan Gupta, one of the four death row convicts in the case, challenging a Delhi High Court order which had dismissed his claim of being a juvenile at the time of commission of the gruesome crime.

The four convicts —Vinay Sharma (26), Akshay Kumar Singh (31), Mukesh Kumar Singh (32) and Pawan Gupta (25)—were sentenced to death and a Delhi court had issued their death warrant early this month scheduling their execution for January 22.

However, their execution was postponed after one of them filed a mercy petition before the president.

A fresh death warrant was issued against them last Friday setting up their execution on February 1.

Pawan Gupta's plea claiming he was a juvenile at the time of commission of the offence was filed after the second death warrant was issued.

A 23-year-old paramedic student, referred to as Nirbhaya (fearless), 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 she was thrown out on the road.

She died a few days later at a hospital in Singapore, where she was taken for better medical treatment.

With inputs from PTI

TAGS