<p>The Delhi High Court on Wednesday held that there can't be separate execution of four convicts awarded the death penalty in the 2012 Nirbhaya gang rape and murder case, since all of them were held guilty and sentenced by a common order.<br /><br />Justice Suresh Kumar Kait, however, directed the convicts to exhaust their legal remedies within seven days, after which the authorities would be free to act in accordance with the law.<br /><br />The court dismissed the Centre's application to allow separate hanging of the two convicts whose mercy petitions have been dismissed, as against the January 31 order by a Delhi court to postpone the execution, scheduled on February 1, “till further orders”.<br /><br />Pronouncing the order, Justice Kait said since all the convicts were sentenced by a common order, their fate cannot be separated. The court noted that the convicts adopted the delaying tactics and waited till the last moment to file review and mercy petitions.<br /><br />It did not concur with the finding of the trial court the word application was a generic term in the Delhi Prison Rules and it included mercy petitions. The rules prohibited execution in case any application of the convicts was pending.<br /><br />The court had on Sunday reserved its judgement on the Centre's plea after holding a special hearing.<br /><br />In an application, the Ministry of Home Affairs questioned the validity of January 31 order by a Delhi court, saying two convicts, Mukesh and Vinay, whose mercy petitions have been rejected, can be executed without delay.<br /><br />It had maintained the trial court wrongly interpreted the Delhi Prison Rules no 836 to conclude that there can't be execution in view of pendency of mercy petitions by other co-convicts.<br /><br />The convicts, for their parts, said since the Centre has sought clarification and laying down of further guidelines in the case of Shatrughan Chauhan (2014) for separate execution of co-convicts, this application cannot be entertained until the decision.<br /><br />The judgement in the Shatrughan Chauhan gave 14 days time for execution after rejection of mercy petition.<br /><br />They also pointed out that since they were sentenced by a common order, there cannot be separate execution for them. Their counsel said even death row convicts have rights to exhaust their legal remedies.<br /><br />Of the four convicts-- mercy plea by Akshay has been pending before the President.<br /><br />Curative petitions by Vinay, Mukesh and Akshay had been dismissed by the Supreme Court. The President had rejected mercy plea by Mukesh and Vinay. Vinay had preferred not to file curative petition.<br /><br />Pawan has so far not filed curative or mercy petition in the case where a 23-year-old woman, referred to as Nirbhaya, was sexually assaulted in a moving bus in South Delhi on December 16, 2012. All the four convicts were sentenced to the capital punishment.</p>
<p>The Delhi High Court on Wednesday held that there can't be separate execution of four convicts awarded the death penalty in the 2012 Nirbhaya gang rape and murder case, since all of them were held guilty and sentenced by a common order.<br /><br />Justice Suresh Kumar Kait, however, directed the convicts to exhaust their legal remedies within seven days, after which the authorities would be free to act in accordance with the law.<br /><br />The court dismissed the Centre's application to allow separate hanging of the two convicts whose mercy petitions have been dismissed, as against the January 31 order by a Delhi court to postpone the execution, scheduled on February 1, “till further orders”.<br /><br />Pronouncing the order, Justice Kait said since all the convicts were sentenced by a common order, their fate cannot be separated. The court noted that the convicts adopted the delaying tactics and waited till the last moment to file review and mercy petitions.<br /><br />It did not concur with the finding of the trial court the word application was a generic term in the Delhi Prison Rules and it included mercy petitions. The rules prohibited execution in case any application of the convicts was pending.<br /><br />The court had on Sunday reserved its judgement on the Centre's plea after holding a special hearing.<br /><br />In an application, the Ministry of Home Affairs questioned the validity of January 31 order by a Delhi court, saying two convicts, Mukesh and Vinay, whose mercy petitions have been rejected, can be executed without delay.<br /><br />It had maintained the trial court wrongly interpreted the Delhi Prison Rules no 836 to conclude that there can't be execution in view of pendency of mercy petitions by other co-convicts.<br /><br />The convicts, for their parts, said since the Centre has sought clarification and laying down of further guidelines in the case of Shatrughan Chauhan (2014) for separate execution of co-convicts, this application cannot be entertained until the decision.<br /><br />The judgement in the Shatrughan Chauhan gave 14 days time for execution after rejection of mercy petition.<br /><br />They also pointed out that since they were sentenced by a common order, there cannot be separate execution for them. Their counsel said even death row convicts have rights to exhaust their legal remedies.<br /><br />Of the four convicts-- mercy plea by Akshay has been pending before the President.<br /><br />Curative petitions by Vinay, Mukesh and Akshay had been dismissed by the Supreme Court. The President had rejected mercy plea by Mukesh and Vinay. Vinay had preferred not to file curative petition.<br /><br />Pawan has so far not filed curative or mercy petition in the case where a 23-year-old woman, referred to as Nirbhaya, was sexually assaulted in a moving bus in South Delhi on December 16, 2012. All the four convicts were sentenced to the capital punishment.</p>
