The Court is hearing a plea against the Trial Court's refusal to stay the execution of the death warrant in the Nirbhaya rape case. The convicts are scheduled to be hanged tomorrow morning at 5.30 am
Delhi High Court is hearing the plea by the convicts in the Nirbhaya rape case against the Trial Court order refusing to stay the execution of the death warrant against them. The four convicts are scheduled to be hanged tomorrow i.e. March 20 at 5:30 am.
Standing Counsel (Criminal) for Delhi Government, Rahul Mehra, Nirbhaya's parents and counsel for convicts, Advocate AP Singh present in Court.
Matter to be heard by a Division Bench headed by Justice Manmohan.
Judges arrive. Proceedings begin.
Counsel for convicts, Advocate AP Singh states that petition under Art 32 was fixed for hearing today. I made my arguments. But the Trial Court proceeded to pass an order dismissing by stay application: Advocate Singh
There is no annexure, no memo of parties, there is nothing in this matter, no affidavits, nothing. Do you have the permission to file this Petition?: Justice Manmohan asks Advocate Singh
Due to the Coronavirus outbreak, no photo copy machine is working: Advocate Singh
See how open the Courts are. You have moved three courts today. You can't say that things are not accessible. We are here at 10 pm listening to you : Justice Manmohan
Court asks AP Singh about the dates on which mercy petitions were preferred and when the conviction was confirmed by the Supreme Court
Standing Counsel Rahul Mehra takes the Court through the case timeline, says all legal remedies have been exhausted.
Rahul Mehta reminds the Court of its order passed in January in the case when it had opined that the convicts could not have challenged the order on death warrant before the High Court and were asked to move the Supreme Court.
Mehra states that the convicts should approach the Supreme Court.
Advocate AP Singh lists various cases which pending before different courts, including divorce petition of convict Akshay's wife, case before the ICJ etc.
They have no relevance: Justice Manmohan; These are not the relevant cases: Rahul Mehra
Your judgement has attained finality. We cannot sit and review this judgement. We cannot say that the death warrant will cease to exist or will not take place: Justice Manmohan
Advocate Singh informs the Court about the case by Pawan Gupta before Karkardooma court against a police officials for allegedly hitting him on the head.
It will be a great miscarriage if he is hanged without giving justice..he is a victim here. He got 14 stitches on the head..Let him be produced before the court and identify those police officials: Advocate Singh
Please look at family record , there is no criminal antecedent: Advocate Singh
Advocate AP Singh questions the credibility of the sole eye witness of the case.
Advocate Singh claims that a sting operation carried on the sole eyewitness was not aired because there was an apprehension that it would impact the case. This matter is also pending before the High Court : Advocate Singh
Advocate AP Singh argues that there were irregularities in the test identification parade.
There has been a miscarriage of justice with us : Advocate Singh
What are you reading? ... You have not given us the copy of what you are reading. This is all meaningless. The book you are reading from, we don't who this person is: Justice Manmohan
You are not addressing the people behind you, but to us. It is not having any impact.. We are close to the time where your client can meet God. Don't waste time. We have no time: Justice Manmohan
We will not be able to help you at the eleventh ... You have four-five hours. If you want to make use, tell us. If you have a point then come to that: Justice Manmohan
You have to be fair to your client and your client has to be fair to us. You should come with some substantive point at the 11th hour. There is no foundation in your petition: Justice Manmohan
I have been so hopeless because of Coronavirus. The photocopies are not available. I have everything but was not able to give copy because there are no means to get the photocopy done: Advocate Singh
Law favours those who take timely action: Court
Give me 2-3 days , we need time to provide the Court with some documents: Advocate Singh
It is already 10.45 pm and execution is at 5.30 am. Give us a substantive point: Justice Manmohan
The delay has not been intentional. Their family background needs to be looked into. I have diligently participated in the day-to-day hearing in trial court, HC or SC: Advocate Singh
Your contentions have been rejected by the Supreme Court. Can we set aside the SC judgement? : Justice Manmohan
The whole world is suffering because of Coronavirus. what can we do? : Court on not being provided with enough copies of the documents.
need a chance to give all docs, give us more time: Adv Singh These are death warrants. This is the fourth one. Some sanctity should be given to them: Justice Manmohan
Once you have drafted the Petition, you should have your substantial facts in the Petition: Court.
If I could get more time, I will put everything: Advocate Singh
You can't ask for stay without mentioning in your prayer. You need to make out a good case, some case. Your case is contrary to your submissions. You have made casual submissions: Court
Counsel Rahul Mehra states that the plea of juvenility has been dismissed by the Supreme Court. Court asks about the book by Sunil Gupta, on which Advocate AP Singh was relying.
We can't give credence to that book. If they want to challenge anything, they should at least go to the right forum.. it cannot just carry on like this. It is a serious matter: Mehra
There is not a ground in the Petition to state why the Trial Court is bad in law: Mehra
Court begins dictating the order.
Court asks certain questions regarding the plea of juvenility raised by convict Pawan. Advocate Mehra states that timeline of the death warrants in the case.
Another lawyer begins making submissions for the convicts. The counsel's name is Advocate Shams Khawaja.
President made his sentiments public on death row convicts in sexual assault cases when he said they don't deserve mercy. He was already prejudiced against us even before the first mercy plea: Advocate Khawaja.
This is not the time to argue on merits: Court; These points were not raised: Advocate Khawaja; You can ask yourself why these points weren't raised: Court
There is a glaring miscarriage of justice: Advocate Khawaja
Once a judge signs a judgement, he cannot touch that case again. You want to carry on, go on! We will sit here till 5.30 am.. : Court
I am appearing for convict Pawan: Advocate Khawaja clarifies.
What is being urged is not mentioned in the Petition: Court observes.
Counsel Mehra submits that all submissions have been looked into and have been dealt with adequately. There is no merit in the Petition.
Court resumes order dictation.
Plea of juvenility has been dismissed by the three courts and cannot be raised at this stage: Court
has to be impleaded as a party which has not been done in the present case : Court
When allegations of malafide or biased against individual is made, he has to be impleaded as a party which has not been done in the present case : Court
BREAKING: Delhi High Court dismisses petition by Nirbhaya convicts against the execution of death warrant. Petition has no merits, says court. Convicts are scheduled to be hanged on Friday morning at 5.30 am