Nirbhaya: Mother of the victim moves Supreme Court to be heard in review petition by death row convict

Nirbhaya: Mother of the victim moves Supreme Court to be heard in review petition by death row convict

Shruti Mahajan

The mother of the victim of the brutal gangrape of 2012 in Delhi, also known as the Nirbhaya rape case has moved the Supreme Court seeking to be heard in the review petition filed by one of the death row convicts, Akshay Singh.

The plea was mentioned today before the Bench headed by CJI SA Bobde and comprising Justices BR Gavai and Surya Kant, which allowed the same.

The review petition is filed by Akshay Kumar Singh and will be heard by a three-Judge Bench on Tuesday, December 17.

Singh had filed his review petition assailing the death penalty awarded to him earlier this week questioning the evidence relied upon for his conviction and sentencing. Singh, in his petition has also made a general case against capital punishment.

The state must not simply execute people to prove that it is attacking terror or violence against women. It must persistently work towards systematic reforms to being about change. Executions only kill the criminal, not the crime and hat the crime not the criminals.”

The petition puts forth moral and practical reasons for the abolition of the death penalty, recounting that there is no evidence proving its deterrent value. The observations of former Chief Justice of India PN Bhagwati that the poor and the downtrodden are more likely to be sent to the gallows, are also cited. Singh’s petition goes on to query,

If our criminal justice system cannot guarantee the consistent application of legal standard and rule of law, how can we then allow judicial to decide who should live or die?

The petition has been drawn and settled by Advocates AP Singh, VP Singh, Geeta Chauhan, Pratima Rani and Richa Singh, and filed by Advocate Sadashi.

On December 16, 2012, news broke of six men in Delhi having brutally  gang-raped a young woman, later named ‘Nirbhaya’, in a moving bus. The victim succumbed to her injuries two weeks later at a hospital in Singapore. The six accused were apprehended by the police.

Of the six accused, the main accused committed suicide in Tihar jail during the course of the trial and the juvenile accused was sentenced to three years in a remand home upon conviction. The remaining four were handed a death penalty by the Additional Sessions Judge.

The four convicts then approached the Delhi High Court in appeal. However, the High Court upheld the lower court verdict. The Supreme Court too upheld the death penalty in May 2017. In July 2018, the Supreme Court dismissed review petitions filed by two of the accused.

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