Breaking: SC Dismisses New Petitions Filed By Nirbhaya Convicts Mukesh And Akshay

One day before the 2012 Delhi gang-rape and murder convicts are to be executed, two of the convicts, Mukesh and Akshay, approached the Supreme Court in a last ditch effort to defer the same. After hearing them separately, the Bench comprising of Justices R Bhanumati, Ashok Bhushan and AS Bopanna dismissed both.

Mukesh's plea for access to evidence in the form of call records and other documents came up first, and was rejected after hearing his advocate ML Sharma. He submitted that while his client had accepted his destiny within the framework of the law, however cautioned that even after execution the facts of the present case need to be examined so that other innocent people don't fall pray to a failure of the justice system. He urged that proper justice had not been delivered to Mukesh and it was media pressure that's led to this situation.

He then came to the crux of his plea, and claimed that various documents had been concealed from him by the police during trial. As he asked for a direction to the police to provide him with those documents, the Bench through Justice Ashok Bhushan reminded him that these issues are relevant in trial stage and one the trial and appeal process is over, there's no forum to raise the same. "The trial is over, we can't endlessly keep reviewing our orders", said J Bhushan. "The documents were concealed", repeated Sharma.

Sharma went on to urge that papers related to the arrest of Mukesh were between two state governments, wherein the date confirmed he was in Karoli, Rajasthan in the early hours of December 17. He also refered to Ram Singh's death certificate, Mukesh's medical reports and stated that the same along with his x-ray ultrasound reports were not placed before the court by the police during trial.

After hearing these arguments, the Bench noted that all opportunities and appeal processes had been afforded to Mukesh. His review and mercy have also been considered and rejected, added Supreme Court. Not finding any merit in the present plea, therefore, the same was dismissed.

AP Singh then appeared for Akshay Singh to challenge the rejection of his mercy petition by the President. "I have been informed by the media that my mercy has been rejected but I have not received any such communication", he asserted. The Bench seemed perplexed at this, and sought to clarify that the mercy petition was filed and rejected in February. Singh informed the court that he had filed a second mercy petition yesterday as the first one was incomplete and did not include all relevant documents related to his medical records. Alleging miscarriage of justice, Singh said that this had been communicated to the President in a letter but no cognizance was taken. It was then iterated that despite the foundation of the country being built on strong pillars, justice was not being served, and the convicts were being tried under media pressure.

Singh attempted to refer to the atmosphere across the world due to the Corona Virus pandemic, but was cut short by the bench. Justice Bhushan went in to ask what scope of judicial review remained when the President had refused to exercise his power of pardon, which was his prerogative. Singh, in response, urged the court to consider the inherent human rights violations being faced by the convicts. "A death warrant has been issued four times...Tihar authorities are in a hurry to execute him...they are in solitary confinement and face the prospect of hanging on a daily basis since the issuance. CrPC provides for a one time hanging only, here they've been hanged multiple times", pleaded Singh.

Singh then endeavoured to push home his point of pre judgment, bias and media pressure having influenced the outcome of this case. He cited media reports which carried statements of leaders from the Central and Delhi governments, during election time, backing the execution of these convicts to buttress his point that the case had taken a political turn and the convicts had been prejudged. "The whole system was biased due to political motivation", he alleged. He cited other matters which are still pending in courts, but claimed urgency was shown only in this case. The manner in which other cases were transferred to investigating agencies like CBI but not in this case, candle light vigils against the convicts and other discrepancies between the "Nirbhaya case" and others were raised by Singh to persuade the court that the convicts weren't heard properly. There are women's commissions, but why no men's commission, he asked.

The next ground relied upon by Singh was reformation. The age, the personality and conduct in jail after being so lodged was submitted as a point which needed to be accounted for. It was plea urged that Akshay has been subject to torture in jail and as per the Shatrughan Chauhan judgement his human rights were being violated and needed to be preserved till his last breath. He also informed the court that various matters related to the convicts were pending in different courts, due to which they ought not to be executed tomorrow. Singh reiterated the issue of torture against the convicts, which was authenticated by a jail official's confession in a book (Black Warrant), as a violation of rights under Article 21. Torture and third degree treatment is a ground for commutation of sentence from death penalty to life imprisonment, asserted Singh.

At this point Justice Bhanumati expressed the Bench's disinclination to interfere in the matter. "Will anyone take responsibility that rapes will not take place after this hanging?", replied Singh. They will be forgotten by everyone after they are executed but the families will be destroyed, he begged. Singh also resorted to Retired Supreme Court judge, Justice Kurien Joseph's recent media statement that these convicts could be shown mercy and need not be hanged. They could be used in service of the country and sent to man the borders, he suggested as a final measure to the Court.

The Bench, however, noted all his submissions but did not find any grounds to interfere with the decision of the President in rejecting Akshay's mercy petition.

With this, and a refusal by Delhi's Patiala House court to stay the execution, all four convicts are set to be face the gallows, as scheduled, at 5.30 am tomorrow, March 20.