Nirbhaya: Supreme Court dismisses curative petition filed by death row convict, Pawan Gupta
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Nirbhaya: Supreme Court dismisses curative petition filed by death row convict, Pawan Gupta

The death row convicts had moved a plea to stay the execution of the death warrant against them on grounds that Pawan's curative petition and Akshay's "complete" mercy plea were pending.

Shruti Mahajan

The Supreme Court today dismissed the curative petition filed by one of the four death row convicts in the Nirbhaya case, Pawan Gupta.

The Court also rejected the application for stay on execution of the death sentence awarded to Gupta.

The five-judge Bench of Justices NV Ramana, Arun Mishra, Rohinton Nariman, R Banumathi, and Ashok Bhushan took up the matter in chamber today, before the various Benches of the Supreme Court assembled. This curative petition was taken up by the Court at 10.25 AM.

The five-Judge Bench that heard the Curative Petitions filed in the Nirbhaya case
The five-Judge Bench that heard the Curative Petitions filed in the Nirbhaya case

Pawan had moved the curative petition against the death sentence handed to him in the 2012 Delhi gang rape, merely four days before the execution was scheduled. The trial court had earlier fixed the date for execution of the death warrant on March 3.

Pawan, in his petition filed through Advocate AP Singh, invoked the grounds of his "juvenility" seeking commutation of his capital punishment.

A separate plea concerning his claim of juvenility was already dismissed by the Supreme Court earlier this year. In the curative petition, Pawan yet again contended that his age was not determined in accordance with the Juvenile Justice Act, and that in turn has led to the miscarriage of justice.

Pawan was the last of the convicts to move the top Court with his curative petition. All the curative petitions filed by the convicts in this case stand dismissed now.

Another accused in the case, Akshay, has filed another mercy plea before the President of India claiming that the one filed earlier was "incomplete" and a "complete" one has now been filed.

Pawan's curative petition before the Apex Court, and Akshay's subsequent mercy plea are the grounds for the convicts have sought a stay on the execution of the death warrant from the Trial Court.

The Trial Court had, on Saturday, agreed to hear the application for stay and had sought reports from the jail authorities in the matter.

[Read the judgment]

Pawan Gupta v. State of NCT.pdf
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