Delhi High Court dismisses plea of Nirbhaya convicts, all four head to the gallows
Delhi High Court dismisses plea of Nirbhaya convicts, all four head to the gallows
New Delhi: In a late-night hearing on Thursday, the Delhi High Court dismissed the petition of Nirbhaya convicts seeking a stay on the execution of their death warrant on Friday morning. The special hearing was conducted in the Delhi High Court on a plea by the AP Singh, the lawyer for Nirbhaya convicts. Dismissing the plea, the court said that no proceedings can be filed against the President. Earlier today, AP Singh had expressed his intention to challenge the dismissal of the pleas of two of the four convicts either in Delhi High Court or the Supreme Court to seek a stay on the hanging of four Nirbhaya convicts. The matter was heard by a bench of Justice Manmohan and Justice Sanjeev Narula. Special hearing at 9pm by Delhi HC in Nirbhaya matter. Execution is scheduled for tomorrow morning at 5.30. P Singh, the lawyer for Nirbhaya convicts argued that the death warrant against his clients was issued in the haste. "The Petition under Article 32 was fixed for Thursday. At the time of the hearing, I submitted each and everything before the trial court that it was pending in the Supreme Court. During the hearing in SC, the trial court passed the order refusing to adjourn the execution," said AP Singh. Hearing the matter, Justice Manmohan told AP Singh that "there is no annexure, no memo of parties, there is nothing in this matter, no affidavits, nothing. Do you have the permission to file this Petition?" To this AP Singh said no photocopy machine working was available due to Coronavirus threat. The court further said, "see how open the courts are. You have done three courts today. You can't say that things are not accessible. We are here at 10 pm listening to you. When was Article 72 par exercised by you? When was your criminal appeal dismissed by the SC." Appearing for the prosecution, Delhi Government's standing counsel Rahul Mehra said one of the convicts Pawan Gupta did not exercise his access to criminal appeal for two and half years. Rahul Mehra took the court through the timeline as and when the convicts used their legal remedies in the Supreme Court. Rahul Mehra told the court that the defendants should move to Supreme Court. "Court is further of the opinion that once the SC dismisses criminal appeal confirming the death sentence as well as review and the curative, the petitioner cannot challenge the sessions judge order. In this case, if the petitioner is aggrieved then they should go to Supreme Court" said Mehra. Arguing on behalf of convicts, lawyer AP Singh said "a was case filed by Pawan Gupta in the Karkardooma court against police officials in Mandoli jail for allegedly hitting him in the head. "It will be a great miscarriage of justice if he is hanged without giving justice. No doubt he is a death row Convict but he is a victim here. 14 stitches he got in the head. Let him be produced before the court and identify those police officials. And please look at the family records, there is no criminal antecedent."AP Singh also told the court that there has been a miscarriage of justice with his clients. Justice Manmohan then told AP Singh, "what are you reading? This is someone's opinion. We don't know. You have not given us a copy of what you are reading. This is all meaningless. The book you are reading from, we don't know who this person is. If he has stepped into the witness box. You are not addressing the people behind you but to us. It is not having any impact. You are not addressing a few journalists. You are addressing us. You are reading as if it is the gospel truth. We are close to the time where your client can meet god. Don't waste time. We have no time." The court further told AP Singh, "We will not be able to help you in the eleventh hour if you cannot raise an important point. You have only 4-5 hours. If you have a point then come to it." AP Singh then went on to quote from a recent book on Tihar jail that reportedly stated that the process followed to identify the accused was not carried out as per the rules.