Nirbhaya case: Delhi High Court verdict on hanging of four rape convicts today

New Delhi: The Delhi High Court will on Wednesday (January 5) pronounce verdict over the plea filed by the Centre challenging a sessions court's order which stayed the death warrants issued against the four convicts in the Nirbhaya gangrape-murder case. Justice Suresh Kumar Kait, who has been hearing the case, is expected to give the verdict on the matter at around 2:30 today.

The High Court verdict will also decide if all guilty can be hanged together or those whose mercy petitions have been rejected can be executed earlier. 

On February 4, the counsel for Nirbhaya's parents made an urgent mentioning before Justice Kait, seeking early disposal of Nirbhaya matter. "Justice Kait responded that he held a hearing on Saturday and Sunday which shows that the court understands the urgency of the matter and it also assured that he will pass the order at the earliest," said Jitendra Jha, counsel for parents of Nirbhaya.

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The Centre, by its plea filed through Solicitor General Tushar Mehta, had challenged the January 31 order of Additional Sessions Judge, Patiala House Court, Dharmendra Rana.

The ASJ, in his order, had said, "Without commenting upon the dilatory tactics adopted by the convicts, it would suffice to state that seeking redressal of one`s grievances through the procedure established by law was the hallmark of any civilized society. The courts of this country cannot afford to adversely discriminate any convict, including death row convicts in pursuit of his legal remedies, by turning Nelson`s eye towards him."

The Solicitor General, while arguing the matter before the high court, contended that the lower court order provides a "perverse and misleading interpretation" of Rule 836 of the Delhi Prison Rules. "This error goes to the root of the issue. It deserves to be stayed. Every convict is enjoying defeating the judicial system in the country. Convicts are exploiting the process of law," Mehta said. "There is a deliberate, well calculated well thought to design to frustrate the process of law...

He also submitted before the court that the four convicts can be hanged separately.

The Supreme Court has rejected the curative petition of three of the four guilty in the case. Whereas, mercy petitions of two convicts - Mukesh and Vinay have been rejected by the President. At the moment, the mercy petition of Akshay is pending with the President's office. Repeated submission of new mercy petitions by the convicts and due to their pendency has led to the court stopping the execution of their death warrants at least twice. 

The Nirbhaya convicts were scheduled to be hanged at Tihar Jail on February 1. However, the pending mercy petition of the third convict Vinay at the President's office deferred the execution process once again.