Nirbhaya: SC allows Centre to seek fresh date of convicts' death warrant

The Supreme Court, on Tuesday, allowed the Union Government to seek fresh date for execution of the death row convicts in the 2012 Nirbhaya gang rape and murder case.

A three-judge bench presided by R Banumathi issued notices to the four convicts on a plea by the Centre for separate hanging of the three convicts who have exhausted their remedies, including filing of the mercy petition.

Solicitor General Tushar Mehta, arguing for the Centre, contended that the convicts were acting in tandem, and frustrating the mandate of law. "See the impact on society. People are celebrating (Hyderabad encounter). We have failed people's aspirations. We are struggling for death warrants in 2012 case," he said.

“Suppose we seek death warrant, Pawan will file curative petition, which will create hurdles in execution of other convicts,” he said.

Maintaining that there was "strategic inaction", he submitted that the mercy petition was with regard to the individual concerned and its pendency should not come in the way of execution of others who had exercised their constitutional and legal remedies.

"If nothing is pending, you can ask for death warrants. You can go to the trial court. You can't compel anybody to file mercy petition," the bench told him.

The court initially told the Solicitor General that if it entertained the special leave petition, it would further prolong the matter.

"So far as this HC judgement remains, the execution would not happen," he said.

He asked the top court to stay the HC's order precluding separate execution if the convicts were sentenced by a common order.

On this, the court decided to issue notice to the convicts and put the matter for further consideration on February 13.

It recorded in the order, "The Solicitor General submitted that the time granted by HC that is one week is expiring today, therefore, no further step has or remedy availed by convicts. The Petitioner is granted liberty to obtain fresh date for the death warrant."

"Pendency of present petition will not be an impediment in trial court for issuing fresh date for death warrants," the bench added.

Black warrants issued earlier twice for January 22 and February 1 could not be executed in view of pendency of mercy plea. As of now, mercy pleas by Mukesh, Vinay and Akshay have been rejected by the President. Fourth convict Pawan has so far not file a plea for clemency.

All four convicts were awarded the capital punishment in the brutal gang rape and murder of 23-year-old victim, given name of 'Nirbhaya', in a moving bus in south Delhi on December 16, 2012.