Nirbhaya Case : Centre Moves SC Against Delhi HC Order Refusing To Set Aside Stay On Executions

The Union of India, through the Ministry of Home Affairs, has filed an SLP in Supreme Court challenging the Delhi High Court's decision to not allow convicts of the 2012 Delhi gangrape and murder case (Nirbhaya) to be executed separately.

The Delhi High Court today pronounced its verdict in an appeal by the Centre challenging a trial court order which had stayed the death warrant of all four convicts till further orders, who were to be executed on February 1, in light of two of them having certain legal remedies available to them. Alleging delay tactics being employed by the convicts, the government had urged that two of the convicts who had exhausted all legal remedies could be executed separately. Noting the delay, Justice Suresh Kait however refused to allow this argument and stated that the law laid down by the Apex court necessitated all of them to be hung together. Further, the convicts have been directed to avail all legal options available before them within 7 days.

The Centre reacted with great speed in moving the top court against the High court decision which was pronounced around 2.35pm. At 4.12pm the SLP had been filed, in anticipation of the order, even before the copy of the same was officially published.

Mukesh Kumar and Vinay Sharma have both filed mercy petitions, which have been rejected by the President. In this light, the government has urged the apex court to allow them to be hanged separately. Akshay Singh has filed his mercy plea before the President, soon after his curative petition was dismissed by the Supreme Court. Pawan Gupta had filed an appeal regarding his claim of juvenility at the time of the incident. This has been rejected along with a review petition against the same. Pawan also has the remedy of filing curative petition against conviction, after which there is the option of filing a mercy plea as well.