NEW DELHI : In a classy game to buy time, one of the four convicts in Nirbhaya case, Mukesh, has approached Delhi High Court seeking stay on the death penalty, which is slated to happen on 22 January.
This comes after the Supreme Court, on Tuesday morning, rejected a joint curative petition moved by Mukesh and co-convict Vinay, for commuting their capital punishment into a lesser one.
The plea submitted at Delhi High Court argues that, a convict has right to seek mercy from President without the shadow of execution looming. The Delhi court will hear his plea on Wednesday.
As per the Delhi high Court order, the four convicts Mukesh, Pawan, Vinay and Akshay shall be hanged to death on Januaray 22 at 7 am in Tihar Jail.
Mukesh’s mercy petition will now be forwarded to the Delhi government and then to the Ministry of Home Affairs, before reaching President Ram Nath Kovind, who will hand down his decision based on the recommendations through the course.
Technically, the convicts have not exhausted all their legal options. The SC today rejected the curative petition of Vinay and Mukesh. A curative petition is one’s last attempt at court to seek leniency in punishment. If a curative is rejected by the upper court, there is one last option namely, seeking mercy from the President.
Incidentally the other two convicts – Akshay and Pawan haven’t filed their curatives yet.
The Gruesome Crime
The four men were convicted for violent gangrape and murder of a 23-year-old paramedic student inside a bus on 16 Dec, 2012. Post the brutalization, the woman referred to as Nirbhaya, was then flung out of a moving bus in South Delhi and died on 29 Dec at Mount Elizabeth Hospital in Singapore.