Nirbhaya Case: The last step to avoid the death sentence of Mukesh Singh, a fearless criminal, was also broken. The Supreme Court upheld the President’s decision, challenging the president’s decision to reject Mukesh’s plea. The three-judge bench, headed by Justice R Bhanumati, said, “The preliminary consideration and prompt refusal of the President’s mercy petition do not mean that he did not exercise his discretion or was motivated by superstition.”
In its 25-page verdict, the bench said, “All documents, including the past criminal history of the defendants, the financial status of their families and court-issued judgment, were brought before the President for consideration before the mercy petition.”
At the same time, now another accused, Akshay Thakur, filed a corrective petition in the Supreme Court, three days before the February 1 death sentence date, on which a five-judge bench will hear the matter on Thursday.
Earlier, a bench of Justice Bhanumathi, Justice Ashok Bhushan and AS Bopanna during the hearing of Mukesh’s petition said in its 25-page verdict that the Home Ministry submitted all the sealed documents to the Delhi government on January 15. Besides, it was presented to the President for consideration.
These included lower court, high court, and Supreme Court decisions. The alleged torture in prison cannot be the basis of a judicial review of the executive decision under Article 72 of the Constitution.
Under this paragraph, in some cases, the President is granted the power to pardon, waive or reduce. Consequently, we find no basis for judicial review of the President’s decision to dismiss Mukesh’s mercy petition. This application is eligible for dismissal.
The argument of solitary confinement was also rejected
The bench also refused to accept Mukesh’s plea for more than eight months in solitary confinement. The apex court also referred to the affidavit of the Director-General of Prisons, stating that Mukesh was kept separate from the jail but kept in a wendy house for security reasons. It cannot be considered solitary confinement.
It also cannot be the basis for reviewing the mercy petition dismissal. The Bench agreed with Solicitor General Tushar Mehta’s application that Mehta said that the pending mystery appeal could be the basis for a judicial review, but could not be resolved immediately.
Which convict has the option now in Nirbhaya Case
- Mukesh Singh: There is no other option
- Pawan Gupta: There are both correctional and grace application options
- Akshay Thakur: Appeal for amendment and mercy petition is still pending
- Vinay Sharma: Correctional petition dismissed, mercy petition still pending
The bizarre argument in Akshay’s petition
At the same time, Akshay’s corrective application states that due to public pressure and public opinion on violence against women, the court is hanged as a solution to all problems. In his petition, Akshay claimed that a bench of three judges of the apex court reduced the death sentence by executing a death sentence in almost 4 cases of rape and murder.
In a similar case, a court ruled that a minor was sentenced to 20 years rigorous imprisonment in a rape and murder case. This was done on the basis that the plaintiff had no criminal background and still had the opportunity to rectify.
In the application, Justice JS Verma quoted the committee report stating that the committee had advocated against the death penalty for rape and murder.
The convicts should hang as soon as possible: Nirbhaya’s mother
The Nirbhaya’s mother said, “I welcome the decision of the Supreme Court and wish that all the guilty be hanged fast.” I have maintained faith in the law for the past seven years and am still standing. We went one step further. The judgment grows even closer. He is expected to be hanged soon after February 1, and they will play legal games until they are hanged. The Supreme Court wants me to have justice soon.
Just two days before the death sentence, Binay also appealed for mercy
After Mukesh Singh, the accused in the Nirbhaya case, now another convict Vinay Sharma has also sent a mercy petition to President Ram Nath Kobind two days before the execution date. The convict’s lawyer AP Singh said this on Wednesday. The petition for the correction of Vinay has already been rejected.
The bench of Justices NV Ramna, Justice Arun Mishra, Justice RF Nariman, Justice R Bhanumati and Justice Ashok Bhushan will hear petitions filed on Thursday on the corrective plea of convict Akshay. According to the death warrant, four accused Mukesh Singh, Akshay Thakur, Vinay Sharma, and Pawan Gupta were instructed to sentence to death on February 1 at 6 am.
However, suspicion of hanging on this date has increased due to the grant of new petitions. According to the rules, all four convicts can be hanged together in the Nirbhaya case. In such a case, if any petition related to a convict is pending, then the date of hanging can be postponed.
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