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Nirbhaya: Additional Sessions Court hears plea seeking fresh date for execution of death warrant [LIVE UPDATES]

Nirbhaya: Additional Sessions Court hears plea seeking fresh date for execution of death warrant [LIVE UPDATES]

Additional Sessions Court begins hearing applications by Tihar Jail Superintendent and Nirbhaya's parents seeking date for execution of death warrant

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Vinay's petition challenging the rejection of his mercy plea has been reserved for orders by Supreme Court: Adv AP Singh

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Adv Vrinda Grover apprises the Court of the proceedings before Supreme Court in Centre's appeal against Delhi HC order.

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Prosecutor Irfan Ahmed informs the Court that convict Pawan has refused to engage any lawyer from the list given to him.

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Judge : Let's resolve the issue of Pawan's legal representation first. Is there anyone who has idea about Pawan or his father? Is his father there?

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Adv Grover clarifies that Senior Advocate Anajana Prakash was appointed Amicus only with respect of the Supreme Court proceedings. Court is informed that Advocate Ravi Qazi from the DSLSA is present in Court.

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Adv Seema Kushwaha for parents of the victim in the Nirbhaya case says that once legal aid has been refused by Pawan, it cannot be provided to him by the Court.

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Judge asks Kushwaha: Is it legally possible for anyone to abdicate and abandon his fundamental right?

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Under Article 21, private counsel and counsel provided through legal aid are different: Kushwaha

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Prosecutor Irfan Ahmed says that even if legal aid is denied, Court is duty bound to provide it.

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On that aspect I am clear but there's is no bar on Court from fixing a fresh date for execution of death warrant: Ahmed

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Counsel for Nirbhaya's parents, Adv Jitendra Jha argues that as on date, nothing is pending and no impediment or stay exists on fixing a fresh date.

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It should be deemed that the fourth convict, Akshay would not avail any legal remedy, it should rather be prohibited: Jha

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If this Court does not fix fix, the convicts play with the patience of the Court: Jha

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Court must read the mind of the criminals and see how they are playing with the system. The Court must fix the date as 14 days from February 5. It will not harm anyone: Jha

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Death Warrants have been postponed thrice. It should be seen that they only act when dates are given: Jha

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Will of the people is supreme and Constitution comes after that. It is the patience of the people which is being tested: Jha

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All the institutions, the mighty State was sleeping. We filed the application on December 13, 2018 for issuance of death warrant: Jha

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Is the judiciary here to be taken for granted? This is the case where the judiciary is being taken for granted.. It is the people's will which is being eroded due to the delay: Jha

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If a date is not fixed, all the convicts will go into deep sleep: Jha

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Adv AP Singh says Vinay's petition is still pending before the Supreme Court.; Regular process is going on: Singh

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Singh reads out the timeline of the case since January 6, 2020.

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Judge: Are you supporting that you are trying all kinds of things? Singh: No, I am saying that they are not enjoying in Jail. I have been working hard.

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Amicus Advocate Vrinda Grover says that it's not as per the convicts' will to give up legal aid. She adds that counsel should abstain from making remarks like 'convicts are enjoying the luxury of jail'.

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It's the Constitution of India which embodies the will of the people. Constitution is not subordinate to the will of the people: Grover

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Let the Supreme Court decide first. Nobody knows what is going to happen next: Adv Ravi Qazi.

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So there will be a plethora of options available to convicts if Vinay's petition is allowed?? What about the delay? : Judge

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If the convict has the remedy, he must exhaust it. It is the law which has given them the remedy and nobody should object to it.: Qazi

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Nobody should say they are enjoying. They must be dying each minute of each day: Qazi

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My query is..if plea is allowed, won't this entire exercise be superfluous? : Judge. Judge asks what would be the harm if the Court waits for another day.

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What difference would it make if we wait for another day for the Supreme Court Judgment? : Judge asks

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Counsel for Nirbhaya's parents raise concerns of delay.

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Court begins dictating the order.

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Court records the submissions made by the parties.

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Right of legal aid flows from Article 21 which makes no distinction between a law abiding citizen and a condemned convict while protecting life and liberty against any unlawful violation, Court records its opinion.

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Court records submissions made with respect to fixing the date for execution.

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Court appoints adv Ravi Qazi as counsel for convict Pawan.

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Court records Qazi's submission that he should be given a fair opportunity to represent his client.

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In my opinion, Art 21 protects the life and liberty of a condemned convict till his last breath. A condemned convict is entitled, as a matter of right, to exhaust his legal remedies and the court cannot afford to ignore his fundamental rights, Court records

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Reliance is placed by Court on Shabnam vs State and Shatrugan Chauhan by the Court.

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The writ petition challenging the rejection of mercy plea of convict Vinay is pending before the Apex Court and is informed to be listed for orders tomorrow. Coupled with this fact, I deem it appropriate that Adv Qazi is entitled to some time for effective representation: Court

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I concur that execution of death warrant bis a very sensitive issue and cannot be resolved on the basis of possibilities: Court

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The disposal of the application at this stage would lead to further legal complications. In these circumstances, matter stands adjourned: Court

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Matter to be taken up on Monday. Counsel for victim and Prosecutor press for Saturday. Let's be practical. Tomorrow order would be pronounced. Saturday I have a case where voluminous evidence has to recorded: Judge

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Court rejects the request. Matter to be taken up on Monday ie February 17.

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