[Breaking] Nirbhaya Case : Delhi Court Stays Execution Of All Convicts Until Further Orders As Pawan Files Mercy Petition [Read Order]

The last moment mercy petition filed by Nirbhaya case convict Pawan Kumar Gupta has resulted in the postponement of the execution of death sentences of all convicts in the Nirbhaya case until further orders, which was otherwise scheduled to take place tomorrow at 6 AM.

The new development of Pawan's mercy petition persuaded Additional Sessions Judge Dharmender Rana of Patiala House Courts to modify the no-stay order passed earlier on Monday to order the deferment of the executions sine die in the evening.

The Court observed in the order that "any condemned convict must not meet his Creator with a grievance in his bosom that the courts of this Country has not acted fairly in granting him an opportunity to exhaust his legal remedies".

After the judge pronounced order around 12.30 PM on Monday stating that there was no stay on execution, Advocate A P Singh informed the Court that Pawan Gupta submitted a mercy petition before the President, following the dismissal of his curative plea by the Supreme Court on Monday morning.

Therefore, the judge agreed to consider the matter again at 2 PM.

Although the judge noted that the mercy petition was submitted after the time period granted by Delhi High Court, it was held that delay by itself would not make the application non- maintainable.

"Rule 840 (of Delhi Prison Rules) lays down the procedure for dealing with the mercy petition, if the same is moved after the prescribed period, and it nowhere says that the mercy petition beyond the prescribed period deserves to be summarily rejected on account of limitation", the order stated.

The Court noted that Rule 836 mandated that death sentence should not be executed during the pendency of mercy petition. Also, there should a time gap of 14 days between the rejection of mercy petition and date of execution as per the law laid down by the SC in Shartrughan Chauhan case, noted the Court in the order.

"As a cumulative effect of the aforesaid discussion, I am of the opinion that the death sentence cannot be executed pending the disposal of the mercy petition of the convict. It is hereby directed that the execution of death warrant against all the convicts, scheduled for 03.03.2020, is deferred till further orders", the Court directed.

During the hearing, the judge admonished Advocate AP Singh for taking liberties with the process. The judge pointed out that the mercy plea was filed after the time of seven days granted by the Delhi High Court on February 5 for the exhaustion of legal remedies by the convicts.

"You as a death row convict are looking to disrespect HC order. Under what law should I come to your rescue?", judge remarked during the hearing.

The judge also told Advocate A P Singh that "he was playing with fire".

A P Singh could not given any direct answer to the Court's query regarding maintainability of mercy plea after the time period set by the HC.

On February 5, while refusing to interfere with the stay put by Trial Court on the execution, the Delhi High Court had directed all four convicts to exhaust their legal remedies within 7 days. After that, the authorities should proceed as per law, the HC had directed.

On January 31, the Trial Court had stayed the executions  scheduled to take place on February 1 on the ground that mercy petitions of two of the convicts were pending with the President. The Trial Court held that convicts cannot be hanged separately, based on the exhaustion of their legal remedies, as all of them were convicted on the basis of a common order.

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