12 December 2019
New Delhi: One of the Nirbhaya's convicts, Pawan Kumar Gupta, lodged in Mandoli jail here, was shifted to Tihar Jail recently, giving rise to the speculation that the convicts would be hanged on December 16. However, the convicts' counsel said that untill all the legal remedies are exhausted, the hanging cannot take place.
A.P. Singh, convicts' counsel, said that a lot of legal remedies, including the curative petition, are available with the convicts and only after these remedies are exhausted can the execution take place.
Singh said that one of the convicts Vinay Sharma withdrew his mercy plea filed before the President of India. "How can the government go ahead with the execution in view of this? Law is equal to all," Singh said, adding with the legal remedies being available with the convicts, even the government and the jail authorities cannot proceed with the execution of the death penalty.
Counsel of Nirbhaya's parents Jitendra Kumar Jha while speaking to IANS said the execution cannot happen as the review petition filed by one of the convicts Akshay Singh is listed for hearing before the Supreme Court on December 17.
"These legal remedies are delaying tactics by the defence as they want to capture some more breath for themselves," Jha said, adding he would request the court to make this procedure time-bound in order to expedite the execution of the convicts.
Meanwhile, the Patiala House Court will on Friday continue hearing on the plea filed by Nirbhaya's parents seeking court's direction to expedite the execution process.
The court headed by judge Satish Kumar Arora had in last hearing directed the Tihar Jail authorities to submit a status report on the legal remedies available with the convicts. The court had also ordered the convicts to be produced before it on the next date of hearing on December 13.