The Delhi High Court Wednesday fixed a seven-day deadline for the four death row convicts in the December 16 gangrape-murder case to exhaust legal remedies available under the law, and ruled that the “death warrants of all the convicts be executed together, but not separately”. “It cannot be disputed that all convicts have been found to be guilty of a heinous offence of rape coupled with a bone chilling murder of a young girl which shocked the conscience of the society at large,” Justice Suresh Kumar Kait said. He added the death warrants be commuted together, as convicts of the same crime cannot be hanged separately: “So long as life lasts, it be the duty and endeavour of the court to give to the provisions of our Constitution a meaning which will prevent human suffering and degradation.” “Therefore, Article 21 is as much relevant at the stage of execution of the death sentence as it is in the interregnum between the imposition of that sentence and its execution. all procedure, no matter what the stage, must be fair, just and reasonable,” the judge said. Justice Kait rejected the Centre’s appeal against a Delhi court’s January 31 order staying the execution of the convicts — Mukesh Singh, Pawan Gupta, Vinay Sharma and Akshay Kumar Singh — until further orders, but gave them the power to deal with the situation after seven days “as per law without delay”. He remarked that convict Mukesh could not be segregated only because he has been sincerely following his remedies. The court also expressed displeasure over the government and authorities for failing to take steps since May 5, 2017, when the Supreme Court had dismissed criminal appeals of the convicts. “Nobody had bothered to execute the death warrant. All authorities were waiting and sleeping since May 2017,” said the court. Initially, the four were to be hanged on January 22, which was later fixed for February 1. The trial court order could not be executed as some of the convicts were to exercise their legal remedies. The court had postponed the execution of the death warrants, saying the country cannot afford to discriminate against a death row convict in pursuit of legal remedies. After the setback, the Centre and Delhi government moved the Supreme Court against the rejection of their plea. As of now, Mukesh has exhausted all legal remedies. The curative petitions filed by Vinay and Akshay have been rejected by the apex court. President Ram Nath Kovind rejected the mercy plea of Vinay on February 1, and that of Akshay on Wednesday. Pawan is yet to file his curative and mercy petitions.
