Nirbhaya case: SC quashes plea of death row convict
A three-judge bench headed by Justice R. Banumathi said that expeditious disposal of mercy plea by President Ram Nath Kovind doesn't mean non-application of mind by him.
The Supreme Court on Wednesday dismissed the plea by Mukesh Kumar Singh, one of the four death row convicts in the Nirbhaya gang rape and murder case, challenging the rejection of his mercy petition by the President.
A three-judge bench headed by Justice R. Banumathi said that expeditious disposal of mercy plea by President Ram Nath Kovind doesn't mean "non-application of mind by him".
The convict had said that the President had rejected his mercy petition in haste, without applying his mind, and had not been fully informed about his situation.
The bench said all relevant material including judgements pronounced by trial court, high court and Supreme Court were placed before the President when he was considering the mercy plea of the convict.
Mukesh Singh had also claimed sexual assault and torture in jail and also solitary confinement in violation of prison rules.
Taking note of the convict’s allegations of assault in prison, the court said that “sufferings in prison can't be grounds to challenge the rejection of mercy petition”.
Mukesh Singh's lawyer had earlier claimed that all records were not sent to the President, so his decision to reject mercy was "arbitrary and malafide".
All four convicts in the case -- Mukesh Singh (32), Vinay Kumar Sharma (26), Akshay Kumar Singh (31) and Pawan Singh (25) – will be executed on Saturday at 6 am.
The 23-year-old paramedic student, referred to as Nirbhaya, was gangraped and brutally assaulted on the intervening night of December 16-17, 2012, in a moving bus in south Delhi by six people before she was thrown out on the road.
She died on December 29, 2012 at Mount Elizabeth Hospital in Singapore.
Earlier this month, Nirbhaya’s father had said the convicts will not be able to escape the gallows, despite all the legal tactics they may employ.
"We have not lost hope. There is no law for the victim's family but there are legal remedies available to the convicts, which is why the problems are arising,” he said.
Here's what people said on social media following the apex court's dismissal of Mukesh Singh's plea:
When they ravaged the poor girl did these animals think about their slow suffering. Actually, I like this death sentence...taking each day as something getting closer to death #nirbhayacase— Honey George (@honeygeorge74) January 29, 2020
Why should be the #NirbhayaCase convicts hang to death? ????— Nirmal ????????〽️ (@nimmoadam) January 29, 2020
Instead, they could be used as research material (like a lab rat) for finding medicine for #coronavirus .
Just a #ThoughtOfTheDay ????#Nirbhaya #coronavirusindia #coronarvirues ????
The depravity n brutality of the rape does not warrant respite.#SupremeCourt did justice to the poor victim by rejecting the petition of the convict. Hope to see the capital punishment materialise.! #NirbhayaCase— Rukmani Varma (@pointponder) January 29, 2020