Nirbhaya Case: Convicts approach Supreme Court for stay of execution [Live Updates]

Nirbhaya Case: Convicts approach Supreme Court for stay of execution [Live Updates]

Bar & Bench

The convicts in the Nirbhaya case have approached the Supreme Court as a last resort.

Live updates from the hearing follow:

  • Mother of Nirbhaya reaches Supreme Court ahead of scheduled hearing.

  • Solicitor General Tushar Mehta reaches Supreme Court

  • AP Singh, lawyer for the convicts, sitting near the entry, since they are not allowing more than three lawyers from his team inside.

  • Now, 6 lawyers from legal team representing the convicts being allowed inside

  • Bench of Justices R Banumathi, Ashok Bhushan and AS Bopanna assembles

  • Advocate AP Singh, who was later allowed entry, makes submissions for death row convict Pawan Gupta

  • AP Singh makes submissions on the claim of juvenility. Justice Bhushan says that these claims were already made earlier and documents already filed by Pawan before the Trial Court and in SLPs

  • "You're effectively asking us to review the judgment", Justice Bhushan says to AP Singh

Justices R Banumathi, Ashok Bhushan and AS Bopanna
Justices R Banumathi, Ashok Bhushan and AS Bopanna
  • Justice Bhushan says that the cases cannot be reopened whenever desired; adds that this cannot be ground to challenge the rejection of a second mercy plea by the President

  • SG Tushar Mehta takes the Court through a detailed chart of all the stages and fora the case was heard at; points out that the same point was raised at every forum up till the mercy plea

  • Singh claims that various documents were concealed from the authorities; says that documents that could have been mitigating factor were also concealed.

  • AP Singh is referring to documents pertaining to convict Pawan Gupta's age.

  • Justice Bhushan says that all these arguments being raised now have been invoked various times. "How they are relevant today?"

  • AP Singh claims there was miscarriage of justice, asks how could the Trial Court could have rejected the plea for stay of execution today when it was informed that a plea challenging rejection of Akshay's mercy plea remained pending before the Supreme Court.

  • The challenge to the rejection of Akshay's mercy plea was subsequently dismissed by the Supreme Court on Thursday.

  • Justice Bhushan asks about the grounds on which the rejection of second mercy plea is being challenged now; says AP Singh is re-agitating grounds which have already been argued

  • AP Singh submits that Pawan Gupta's FIR against Mandoli jail is pending. His statement should be recorded before he is hanged, Singh says.

  • AP Singh claims Pawan is a victim of assault, says he was attacked in the jail and has received 14 stitches. Justice Banumathi: You have raised the same points earlier

  • Justice Banumathi says that the material being argued on claim of juvenility has been considered by the Court earlier; says that this claim can be raised at any stage, but not again and again after being rejected

  • AP Singh says plea for remission of sentence is also pending before the office of the LG Justice Bhushan says this point was argued on Thursday afternoon during Akshay's hearing.

  • AP Singh says the petition is pending before the LG and Chief Minister under S. 432/433 CrpC. If the state machinery provides for the convict to be granted remission, no purpose of hanging the prisoners. Court observes: We are not inclined to entertain the plea

  • SG Tushar Mehta seeks Court's permission to make submissions. Court says it is not required for Mehta to make submissions.

  • Another lawyer for the convicts now making submissions, says that the relief under Article 72 was not exercised with an open mind

  • Advocate Shams Khwaja says that there is a possibility that one of the four convicts may or may not have been part of the premeditated crime

  • Submissions end. Court dictating the order now

  • Court says that it has taken a consistent view that the scope of judicial review against the rejection of mercy plea by President is very limited

  • Court says petitioner was not right to claim that the plea of juvenility was not considered by the courts properly

  • Court adds that alleged torture, if any, in the prison cannot be the ground to challenge rejection of mercy plea by the President in exercise of his power under Article 72 of the Constitution

  • Four death row convicts in the Nirbhaya case to be hanged at 5.30 AM on Friday morning as Supreme Court disnisses the plea filed by Pawan Gupta challenging rejection of his second mercy plea in a midnight hearing.

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