Breaking: Delhi Court defers execution of death warrant against convicts till further orders, Pawan Gupta files mercy plea

Hours after dismissing Nirbhaya convicts's plea to stay the execution of death warrant, Court of Additional Sessions Judge Dharmender Rana today deferred execution of death warrant against convicts till further orders..... I am of the opinion that the death sentence cannot be executed pending the disposal of the mercy petition of the convict. It is hereby directed that the execution of death warrants against all the convicts scheduled for 0.03.2020 at 6.00 a.m. is deferred till further ordersASJ Dharmendra Rana.The Court also added that,."Despite stiff resistance from the victim’s side, I am of the opinion that any condemned convict must not meet his Creator with a grievance in his bosom that the courts of this country has not acted fairly in granting him an opportunity to exhaust his legal remedies."ASJ Dharmender Rana .The order was passed after counsel for convict Pawan moved an application before Court to bring on record the factum of his mercy petition before the President..The application was opposed by the Tihar Jail as well as the counsel for Nirbhaya's parents..Prosecutor Irfan Ahmed argued that application was premature in terms of Rule 840 of the Delhi Prison Rules..As per the prison rules, the President will seek report from Jail and the execution will be stayed suo moto. The Court cannot pass any order at this stage, Prosecutor Ahmed submitted..Ahmed stated that although there was no official communication, the authorities were aware of its filing..The execution will be stayed simultaneously after the President calls for the record of the case, Prosecutor Ahmed said..Counsel for Nirbhaya's parents, Advocate Jeetendra Jha also stated that the present situation was governed by Rule 840.. "The law is clear that the ball is in the court of the Government. This Court will have the power only in extraordinary circumstances (which is in case of ) delay in carrying out execution", he said..Stating that the application was not maintainable, Jha argued,"Power of Government is there. It has not acted till date. The Court will have jurisdiction only after the Government acts.".The Court today also expressed its displeasure at the manner in which the case was handled by Advocate AP Singh..Pulling up Singh for failing to act in accordance with the Delhi High Court order giving seven days' time to convicts to avail all legal remedies, Judge Dharmender Rana said,"You being a death row convict, you can afford to ignore the High Court order. How can this Court ignore it.. ? Once Delhi HC had given you seven days time , it is binding upon me. How do we ignore those instructions?".It further sought assistance from Singh on the point of its power to interfere at the stage of pendency of mercy plea after the deadline is over.."Now we presume that Delhi HC order is binding on both of us. Rule 840 is clear that post rejection, court can come into picture...Show me my power. Had it been a case of rejection, that would have been a different scenario..You are playing with fire, so you should be cautious.".The Court repeatedly asked Advocate AP Singh about the steps that he had taken in compliance with the Delhi High Court order..However, when Adv Singh failed to give a satisfactory answer, Judge remarked,"Till 17th you were his (Pawan's) counsel and then joined him again (after Pawan refused to continue with legal aid counsel Adv Ravi Qazi). You must have thought about these legal issues, answer them..".Judge Rana added,"Since day one..when people are putting you on the dock, I was never with them because you were discharging your duties. Till that day it was fine..".Read Order: