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Criminally sinful to hang Nirbhaya convicts at this point: Delhi high court | Delhi News


NEW DELHI: It is criminally sinful to execute the condemned convicts when the law permits them to live, a Delhi court said on Friday while dismissing a plea of the Tihar Jail authorities for a new date and time of hanging for the four death-row convicts in the Nirbhaya gang rape and murder case.
In the light of Delhi high court’s direction granting the convicts a week’s time to exhaust their remaining legal remedies, the court called Tihar’s plea “premature”. “Admittedly, Delhi high court, by an order on February 5, 2020, permitted the convicts in the interest of justice to exercise their legal remedies within a week of the order,” said additional sessions judge Dharmender Rana.
Finding substance in the submissions of amicus curiae Vrinda Grover and Soutik Banerjee appearing for convict Mukesh Singh, the court noted that the date for execution couldn’t be fixed merely on the basis of surmises and conjectures. The application “is premature and, therefore, deserves to be dismissed. However, the state is at liberty to move an appropriate application as and when required”, it held.
Grover argued the high court had allowed not one but all four convicts to resort to their available legal remedies. Special prosecutor Irfan Ahmed, appearing for the jail authorities, earlier claimed there was no legal impediment to a new date.
Appearing for the victim’s family, advocates Jitender Kumar Jha and Seema Kushwaha supported the prosecutor’s submissions and said not fixing a date would unjustifiably delay the hanging.
Appearing for the other convicts, Pawan Gupta, Akshay Thakur and Vinay Sharma, advocate A P Singh stressed they deserved protection under Article 21 of the Constitution till their last breath. The Supreme Court has neither stayed nor passed any direction over the trial court’s order postponing the hanging, he added.
While dismissing the Centre’s plea challenging the order, the high court had said all of them would have to be executed together.

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