New Delhi: The four convicts in the 16 December 2012 gangrape and murder will be executed on 3 March at 6am, a Delhi Court ordered Monday.
Additional Session Judge Dharmender Rana issued fresh warrants against death row convicts — Mukesh Kumar Singh (32), Pawan Gupta (25), Vinay Kumar Sharma (26) and Akshay Kumar (31) — who were initially scheduled to be hanged 22 January. This is the third time a death warrant has been issued as mercy petitions of the convicts were pending before the President.
According to prison rules, the convicts have to be hanged together and only if there are no mercy petitions pending.
Of the four, Pawan is the only one who hasn’t filed either a curative or mercy petition while Mukesh and Akshay have exhausted all his options. Vinay’s curative petition is pending before the court.
The court was hearing the applications by the vicitm’s parents and the Delhi government, seeking fresh death warrants for the convicts after the Supreme Court granted liberty to the authorities to approach the trial court for issuance of fresh date for the execution of these convicts.
The convicts are currently lodged in Tihar Jail.
Also read: How 16 December gang-rape convicts are making last-ditch attempts to escape the noose
According to the prison manual, if the death sentence has been given to more than one person in the same case, and if an appeal or an application is made by even one, then the execution of the sentence shall be postponed in the case of all convicts.
“The rules say that in such circumstances, the execution will be postponed for all convicts and not just for the one who has filed the appeal. That is because they are all convicted for the same crime,” former Tihar law officer Sunil Gupta said.
A Tihar official, however, explained that the word “application” in the rules is for the review petition to be filed in the Supreme Court, and not for a mercy petition.
Vinay, Pawan and Mukesh’s review petitions were dismissed by the Supreme Court in July 2018. Akshay filed his review plea in December 2019, which was dismissed immediately.
(With PTI inputs)
Also read: Dread, betrayal, poverty, hope: Stories of forgotten families of 16 Dec gang rape convicts
I hope that I am wrong, but I would still not bet that they will face justice on March 3. Judges have created this mess. Nithari murderer’s death sentence was overturned by the high court on a different ground even after the Supreme Court had rejected his appeal. (Look it up if you don’t believe me). Don’t blame the politicians – it’s the judges who have created layers and layers of delays. The ridiculous “curative” appeal is a new “innovation” that was introduced by a new judge flush in his powers quite recently (in the last 10 years). Review of the rejection of the mercy petition is a gross overreach of court authority.
The death penalty is just one example of a judiciary that has systematically destroyed governance. Virtually nothing is resolved in less than 10 years. Entire segments of the national economy have been destroyed because of delays and poorly thought through judgments.