Nirbhaya Case: Hearing on death row convicts' plea to stay execution today

A Delhi court will on Friday hear a plea of Nirbhaya gangrape-mureder case death row convicts seeking a stay on the executions scheduled for February 1 as they are yet to avail all legal remedies.

The Patiala House Court had on Thursday issued notice to Tihar Jail authorities seeking their response on the plea. Special Judge AK Jain directed Tihar Jail Superintendent to file reply on their plea by 10 am on Friday.

The convicts moved the trial court with a plea to adjourn the execution "sine die" saying they are yet to avail their remaining legal remedies even as the Supreme Court dismissed the curative petition of the third rapist.

Only one of the four convicts - Mukesh Kumar Singh - has exhausted all his legal remedies after his plea in the Supreme Court against the rejection of the mercy plea by the President was dismissed on Wednesday.

The curative petition of Akshay Kumar Singh was rejected by the apex court while the mercy plea of Vinay Kumar Sharma is pending.

The counsel for Vinay, Akshay and Pawan rushed to the trial court to seek a stay on the execution as Akshay is yet to file a mercy plea while the decision on Vinay's plea is pending.

Advocate AP Singh urged the court to adjourn the executions "sine die" as legal remedies of some of the convicts are yet to be availed. Singh represents all the three death row convicts - Pawan Gupta, Vinay Kumar Sharma and Akshay Kumar.

The advocate informed the court that Akshay still has an option to file a mercy plea before the President after his curative petition was dismissed.

The other convict, Pawan, has not filed the curative petition.

The application moved by the defence counsel said, "Previously after the rejection of the mercy petition of another convict Mukesh Kumar Singh this court was pleased to provide him 14-days period to approach the courts against the decision of the President."

"In the case Vinay Sharma also faces rejection of the mercy petition, law allows 14-days period before the date of execution from the date of rejection of the mercy plea," the advocate said.

During the brief hearing, the prosecution said the application was a "mockery of justice" and that it was only a delaying tactic.

The four convicts - Akshay Singh Thakur, Mukesh Singh, Pawan Gupta and Vinay Sharma - are scheduled to be hanged at 6 AM on February 1 after a Delhi court issued death warrants against them earlier this month. This was the second death warrant issued after Mukesh filed a mercy petition to the President and several pleas in various courts.

Earlier, on January 7, the court had fixed January 22 as the hanging date.

A 23-year-old psychotherapy student, dubbed by media as 'Nirbhaya', was gangraped and brutalised on a moving bus on December 16, 2012 before being dumped on the road. She was airlifted to Singapore where she died on December 29, 2012. 

Six people, including a juvenile, were arrested for the crime. The juvenile was released after serving a three-year term at a juvenile home, one convict allegedly committed suicide in jail while four others - Mukesh Singh (32), Pawan Gupta (25), Vinay Sharma (26) and Akshay Kumar Singh (31) were sentenced to death.