December 16 gangrape case: Delhi court rejects convicts’ plea seeking stay on execution

During the hearing, Special Public Prosecutor Irfan Ahmad told the court that even Pawan had moved a “second mercy petition” but the President of India refused to entertain it.

Ahmad told the court that the President refused to entertain the second mercy petition filed by both Akshay and Pawan as their first mercy petition was already complete and were given adequate consideration.

A P Singh, the lawyer for the three convicts Pawan, Akshay and Vinay told the court that he filed Akshay’s post mercy judicial review before the Supreme Court and prayed for the stay of the death sentence.

Singh then read out the list of petitions that are pending and even mentioned the divorce petiton moved by Akshay’s wife in Aurangabad family court. While mentioning about a pending petition with the Election Commission, Singh told the court, “All courts are shut due to coronavirus. We cannot even get our photocopies.”

Read | Petitions and safeguards: Understanding the delay in Delhi gangrape convicts’ hanging

Singh also told the judge that a plea to the International Court of Justice on behalf of three convicts is also pending.

ASJ Rana asked Singh to show him the “legal provisions which impedes the execution of the death warrant at this stage.”

Ahmad on the other hand told the court that Singh made wrong submissions before the court reiterating that the President has chosen not to entertain the second mercy petition. “A P Singh can move hundred applications but these applications are not strictly legal remedies that can impede the execution of the death warrant.”

Ahmad then told the court that the death row convicts have exhausted all their legal remedies. “Nothing survives today, your lordship,” Ahmad told the court.

Outside Patiala House court, Akshay’s wife broke down while waiting for the order. She even beat herself with her slippers crying, “Kill me, I do not want to live.”

The date of execution has been fixed for March 20 at 5.30 am by a Delhi court. The death warrants have been stayed three times in the past pending the legal remedies of the four death row convicts. On March 2, the court had deferred the execution of the four convicts till further order observing that the “convict must not meet his Creator with a grievance in his bosom that the courts of the country have not acted fairly in granting him an opportunity to exhaust his legal remedies…”