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Court sets 7-day deadline for Delhi gang rape convicts to file petitions against execution
The four Delhi 2012 gang rape convicts sentenced to death should exercise their legal remedies within the next seven days, Justice Suresh Kumar Kait of the Delhi High Court ruled on Wednesday.
The four 2012 gang rape convicts sentenced to death should exercise their legal remedies within the next seven days after which the authorities should act in accordance with the law, Justice Suresh Kumar Kait of the Delhi High Court ruled on Wednesday.
Justice Kait, however, rejected the Centre’s appeal against the trial court’s order that put off their execution on February 1 and the request to hang two of them - Mukesh Singh and Vinay Sharma - because they had exhausted their legal options.
Watch | Delhi HC set 7-day deadline for Delhi gang rape convicts to file petitions
Tushar Mehta, the Centre’s senior most-senior law officer had argued that the court had misinterpreted the Tihar prison rules that requires the court to defer execution of death row convicts if an appeal or an application is made on behalf of any one of them.
Mehta, who had been critical of the effort by the convicts to delay their execution, had sought to convince the high court that a mercy petition could not be counted as an appeal or application.
Justice Kait wasn’t convinced.
“I am of the opinion that all their death warrants have to be executed together,” the judge ruled.
Justice Kait, who had held a special hearing on Sunday at the Centre’s request, said the convicts were taking shelter of Article 21 which provides protection to them till their last breath.
But he pulled up the authorities who the court felt had woken up late in the day.
“I have no hesitation to say that nobody bothered to execute the death warrants as long as Mukesh did not file his review plea in the Supreme Court after 186 days,” the judge said.
Senior advocate Rebecca John and advocate Vrinda Grover had countered the narrative that the four convicts were trying to delay their execution, underlying that they were just using the remedies that they are entitled to under the Constitution.
Even death row convicts, who are guilty of heinous crimes, have rights, they argued.
They had reasoned that the Delhi government didn’t seek a death warrant for several years and “the Centre had woken up yesterday and they are questioning me for the delay”.
