Nirbhaya case: SC verdict on Centre`s plea for separate execution of convicts at this time

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New Delhi: The Supreme Court will on Friday (February 14) give its verdict on Centre’s plea looking for separate execution of 4 convicts in 2012 Nirbhaya gangrape and homicide case and requested the convicts to file their counter reply by then. The court docket may also pronounce order on convict Vinay Sharma’s plea difficult rejection of his mercy petition by the President alleging that it was executed in a ‘mala fide’ method.
 
A bench of Justices R Banumathi, Ashok Bhushan and AS Bopanna is predicted to cross orders at round 2 pm at this time on Sharma’s plea. The bench heard arguments for nearly two hours on behalf of Sharma and the Union of India and NCT of Delhi.

Sharma, one of many 4 convicts on demise row within the 2012 case, moved the apex court docket on February 11, difficult the rejection of his mercy petition by the president and claimed the ‘hurried rejection’ was ‘mala fide’ and violated the letter and spirit of the Constitution. He additionally sought commutation of his demise sentence to life imprisonment claiming that he has ‘developed psychological sickness’ contained in the jail as a result of alleged ‘torture and ill-treatment’.

He alleged in his plea that ‘public statements’ made by ministers on the Centre in addition to within the Delhi authorities supporting his execution had ‘pre-judged the end result of his mercy petition’, and there additionally seems to be ‘non-application’ of thoughts on the a part of the President in rejecting his mercy plea.

“This must also be considered in light of the hurried rejection of the mercy petition by the President on January 31, within 48 hours of filing of the petitioner’s mercy petition. Therefore, the decision of rejection of petitioner’s mercy petition is mala fide and therefore violates the letter and spirit of the Constitution,” mentioned the plea.

Advocate AP Singh showing for Sharma argued that his shopper’s mercy petition was rejected by the president in a ‘mala fide method and all related information weren’t produced earlier than him. He mentioned Sharma was subjected to torture, put in solitary confinement and on account of trauma suffered in jail, he has psychological sickness. Solicitor General Tushar Mehta showing for the Union of India and NCT of Delhi, opposed Singh’s argument and mentioned the President has examined all related information and due course of beneath the legislation was adopted in rejection of Sharma’s mercy petition.

Mehta positioned earlier than the court docket a medical report of February 12 of Sharma and mentioned he was discovered to be medically match. Singh alleged that the Delhi Lieutenant Governor and home minister had not signed the advice for rejection of his mercy plea. The bench rejected Singh’s request to peruse advice for rejection of mercy plea.

The bench rejected Singh’s request to peruse advice for rejection of mercy plea. It perused the file and mentioned they’d signed the advice for rejection of his mercy petition. 

The apex court docket had earlier dismissed a plea filed by Mukesh Kumar Singh, one other demise row convict within the case, difficult the rejection of his mercy petition by the President.

The trial court docket had on January 31 stayed ‘until additional orders’ execution of the 4 convicts within the case — Mukesh Kumar Singh (32), Pawan Gupta (25), Vinay Kumar Sharma (26) and Akshay Kumar (31), who’re lodged in Tihar Jail.

Pawan has not but filed a healing petition — the final and ultimate authorized treatment obtainable to an individual which is set in-chamber. Pawan additionally has the choice of submitting a mercy plea.