‘Courts cannot discriminate against death row convict’: Execution of 4 in Dec 16 rape case deferred

A Delhi court Friday postponed the execution till further orders, saying the country cannot afford to discriminate against a death row convict in pursuit of legal remedies.

3 min readNew DelhiUpdated: Feb 1, 2020 01:20 AM IST

Dec 16 gangrape case: Delhi court stays execution of four convicts until further orders

The Supreme Court also dismissed a plea by convict Pawan Gupta, seeking a review of the decision that rejected his juvenility claim.

The execution of the four convicts in the December 16, 2012, gangrape-murder case, scheduled for 6 am, Saturday, has been deferred.

A Delhi court Friday postponed the execution till further orders, saying the country cannot afford to discriminate against a death row convict in pursuit of legal remedies. Additional Sessions Judge Dharmender Rana passed the order on the plea by the convicts, seeking adjournment of the executions with no appointed date for resumption.

“… Seeking redressal of one’s grievances through procedure established by law is the hallmark of any civilised society. The courts of this country cannot afford to adversely discriminate any convict, including death row convict, in pursuit of his legal remedies, by turning a Nelson’s eye towards him,” the ASJ wrote in his order.

The victim’s mother broke down outside the court room and said, “The convicts are taking advantage of the law and delaying their execution.”

Earlier, Additional Public Prosecutor Irfan Ahmed told the court “neither any remedy is pending nor any application. Vinay Sharma’s mercy petition is pending I concede. As far as the remaining convicts are concerned, all these convicts can be hanged on February 1. There is no illegality, no impediment.”

Vrinda Grover, amicus curiae for convict Mukesh, citing a Supreme Court judgment, contended that “execution of death sentence would lead to irreversible and irreparable process”. She told the court it would be unjust to allow the death sentence to be executed qua Mukesh, saying “if the mercy petition of the other convicts is favourably considered by the President of India, the change in circumstances would entitle convict Mukesh to move for a fresh mercy petition”.

Grover said Mukesh cannot be adversely segregated from similarly placed co-convicts simply because he has sincerely and earnestly pursued his legal remedies. “What message will the courts send? That the one who is exercising his remedy will be punished first?”

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A P Singh, counsel for Pawan, Akshay and Vinay, told the court that Vinay’s mercy petition was filed, a review petition was filed on behalf of Pawan, and a criminal appeal pertaining to the three convicts was pending before the Delhi High Court. He said Akshay’s curative petition was dismissed Thursday and he intends to move a mercy petition before the President.

“If the execution of death warrants issued by this court is not stayed, then the legal remedies of the convicts shall become infructuous.”

Meanwhile, the Supreme Court also dismissed a plea by convict Pawan Gupta, seeking a review of the decision that rejected his juvenility claim.

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Anand Mohan J

Anand Mohan J is an award-winning Senior Correspondent for The Indian Express, currently leading the bureau’s coverage of Madhya Pradesh. With a career spanning over eight years, he has established himself as a trusted voice at the intersection of law, internal security, and public policy. Based in Bhopal, Anand is widely recognized for his authoritative reporting on Maoist insurgency in Central India. In late 2025, he provided exclusive, ground-level coverage of the historic surrender of the final Maoist cadres in Madhya Pradesh, detailing the backchannel negotiations and the "vacuum of command" that led to the state being declared Maoist-free. Expertise and Reporting Beats Anand’s investigative work is characterized by a "Journalism of Courage" approach, holding institutions accountable through deep-dive analysis of several key sectors: National Security & Counter-Insurgency: He is a primary chronicler of the decline of Naxalism in the Central Indian corridor, documenting the tactical shifts of security forces and the rehabilitation of surrendered cadres. Judiciary & Legal Accountability: Drawing on over four years of experience covering Delhi’s trial courts and the Madhya Pradesh High Court, Anand deconstructs complex legal rulings. He has exposed critical institutional lapses, including custodial safety violations and the misuse of the National Security Act (NSA). Wildlife Conservation (Project Cheetah): Anand is a leading reporter on Project Cheetah at Kuno National Park. He has provided extensive coverage of the biological and administrative hurdles of rewilding Namibian and South African cheetahs, as well as high-profile cases of wildlife trafficking. Public Health & Social Safety: His recent investigative work has uncovered systemic negligence in public services, such as contaminated blood transfusions causing HIV infections in thalassemia patients and the human cost of the fertilizer crisis affecting rural farmers. Professional Background Tenure: Joined The Indian Express in 2017. Locations: Transitioned from the high-pressure Delhi City beat (covering courts, police, and labor issues) to his current role as a regional lead in Madhya Pradesh. Notable Investigations: * Exposed the "digital arrest" scams targeting entrepreneurs. Investigated the Bandhavgarh elephant deaths and the impact of kodo millet fungus on local wildlife. Documented the transition of power and welfare schemes (like Ladli Behna) in Madhya Pradesh governance. Digital & Professional Presence Author Profile: Anand Mohan J at Indian Express Twitter handle: @mohanreports ... Read More

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