Public prosecutor argued in Delhi Court that pendency of mercy petitions or fact that convicts want to file mercy petitions does not preclude court from issuing death warrant. Delhi’s Patiala House Court had deferred the hearing on the plea seeking issuance of death warrants against the four convicts on December 13.
After a long date of hearing was given, Asha Devi, the mother of the victim, broke down. "Wherever we go, we are told about the rights of the convicts. What about our rights?" Nirbhaya's mother asked, breaking down under the heavy burden of a seven-year-long search for justice for her daughter.
There is no guarantee that judgement will be given on the next date of hearing, victim's mother said. Addressing her, the judge said, "I have full sympathy with you. I know someone has died but there are their rights too. We are here to listen to you but are also bound by the law."
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The issue of the death warrant was stalled after the court said there were new developments in the case - referring to the Supreme Court's verdict and the likelihood of curative petitions or mercy petitions being filed by other convicts.
As per the latest development, the court has now asked authorities at Delhi's Tihar Jail, where the convicts are imprisoned, to confirm if they will be filing mercy pleas with the President of India. Additional Sessions Judge Satish Kumar Arora then adjourned the matter for January 7.
The plea was filed by the parents of the 2012 gang rape victim, seeking immediate execution of death-row convicts. "At least, I have to wait till the time appeal for review is pending," the judge had said.
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The trial court has set a deadline of one-week for convicts to file mercy plea. While hearing the plea earlier in the day, SC Justice Banumathi said the bench has given due consideration to grounds, which the petitioner sought to assail evidence, and it is not permitted.
"These grounds were considered earlier. This cannot be allowed. All these have been examined in trial court, High court and the Supreme Court", he said. Justice Banumathi said the court examined the matter under parameters of review jurisdiction and it is not rehearing of the case. Akshay's lawyer contended before the court that his client wants to file mercy petition before the President, and sought three weeks time.
Centre's counsel contested it stating the prescribed time limit is only one week. The top court refused to pass on order on the time limit to file mercy petition before the President. "We are not expressing view in this regards, and the accused can avail the relief for mercy petition as per the stipulated time limit available in law - which is seven days," the court ruled.
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A 23-year-old paramedic student, who came to be known as Nirbhaya, was gang-raped on the intervening night of December 16-17, 2012, inside a running bus in south Delhi by six people and severely assaulted before being thrown out on the road. She succumbed to injuries on December 29 at Mount Elizabeth Hospital in Singapore.
One of the accused in the case, Ram Singh, had allegedly committed suicide at Tihar Jail in Delhi. A juvenile, who was among the accused, was convicted by a juvenile justice board. He was released from a reformation home after serving a three-year term.