New Delhi: 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 u201c sine dieu201d. 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 u2014 Pawan, Vinay and Akshay u2014 had urged the court to adjourn the matter u201c sine dieu201d saying their legal remedies were yet to be exhausted.
The Tihar jail authorities had challenged their application saying it was not maintainable and the death row convicts can be hanged separately.
But, their argument was not accepted by the court.
The convictsu2019 lawyer had argued that rules dictate that when one convictu2019s plea is pending the others cannot be hanged.
V i n a y u2019 s mercy plea before the President is pending.
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 judge said, u201c Without commenting upon the dilatory tactics adopted by the convicts, suffice it would be to state that seeking redressal of oneu2019s 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 Nelsonu2019s eye towards him.u201d u201c The jail superintendent is directed to file the compliance report by tomorrow,u201d it said.
Nirbhayau2019s mother Asha Devi said her u201c hopes are dashedu201d but she will continue her fight till the convicts are hanged. Agencies Convicts Mukesh Singh, Vinay Sharma, Akshay Thakur and Pawan Gupta. file pic u2018 These convicts have no right to live.
We keep getting disappointed by the system. I will continue my fight till the convicts are hangedu2019 Asha Devi, Nirbhayau2019s mother A Delhi court stays execution of the four convicts in Nirbhaya case as mercy plea of one of them is pending Rapists will not be hanged today