Nirbhaya convict Mukesh Kumar files mercy plea before President Ram Nath Kovind

One of the four Nirbhaya case convicts, Mukesh on Tuesday moved the Delhi High Court for staying his death warrant fixing the date of execution on January 22, until disposal of his mercy petitions filed with Delhi Lieutenant Governor and the President.

In a writ petition, he contended he was entitled to a minimum 14 days notice between the communication of rejection of his mercy and the scheduled date of execution.

“It is well settled that the legal procedure adopted to deprive a person of his life and liberty has to be fair, just and reasonable and that the protection of Article 21 of the Constitution inheres in every person, even death row prisoners, till the very last breath of life leaves their bodies,” his plea stated.

Citing the SC's verdict in Shatrughan Chauhan case (2014), he contended even if his mercy petition were to be rejected by the President, he has a right to challenge the rejection of his mercy petition before the High Court or the Supreme Court.

“The presence of an execution warrant while the mercy petition is pending does not conform to with the acceptable standards of propriety. He is entitled to a fair consideration of his mercy petition without the shadow of the noose hanging above him as well as the executive authorities,” his plea filed by advocate Vrinda Grover said.