Dec 16 rape convicts can’t be hanged on Jan 22, remarks Delhi court

The convicts in the December 16, 2012 gang rape case are entitled to 14 days’ time after their mercy petition is rejected by the President to prepare for their execution,

The convicts in the December 16, 2012 gang rape case are entitled to 14 days’ time after their mercy petition is rejected by the President to prepare for their execution, a Delhi court judge said on Thursday, adding to the uncertainty over whether the four men will be hanged on January 22.

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Additional sessions judge Satish Kumar Arora also asked Tihar jail authorities to file a status report on the mercy petitions that have been sent to the President and on the preparations for the executions. Judge Arora, who had on January 7 issued a black warrant and set the date for hanging for January 22, was hearing a petition by one of the convicts, Mukesh Singh, to stay the order on Thursday.

A final order on the petition is awaited and further hearings will be held on Friday at 3pm.

“Even if the mercy petition is decided by the President, January 22 cannot be the execution date as 14 days have to be given for the preparation of the execution,” the judge said, while pulling up jail authorities for giving him an incomplete report.

Advocate Vrinda Grover, who represented Singh, moved the trial court on Wednesday immediately after the Delhi High Court refused to set aside the death warrant.

On Thursday, Grover told the court that the black warrant issued should be kept in abeyance or set aside because the mercy petition is pending. She said that the order of the court issuing the black warrant was correct at that time but with the change in circumstances, it now cannot be complied with on January 22.

Citing a judgment of the Supreme Court and the prison rules, Grover told the court that even if the mercy petition is rejected in a day or two, the hanging would have to be stopped because the rules say that a death row convict has to be given 14 days from the date of rejection of the mercy plea, only after which the execution can take place.

The lawyer for the jail authorities said that they have already informed the Delhi government about the recent updates. However, the court said that the report should have been given to it.

“When you were sending the report to Delhi government, a copy of it should have been given to the court. The report that you have given me is incomplete,” the judge said.

Reacting to the court’s order, Asha Devi, the victim’s mother said, “These remedies should have been availed earlier. The court has heard both sides, but I feel that the execution should take place on the scheduled date. I respect the judiciary and we have got justice. But if they (the convicts) have so many rights that the process is delayed, then even we have our rights”.