Lawyer AP Singh, counsel to three of the four convicts in the Nirbhaya case, has moved a Delhi Court seeking a stay on the hanging of all the accused, which is presently slated for February 1.
#NirbhayaCase2012: Lawyer AP Singh moves to #PatialaHouseCourt seeking stay on execution of #DeathSentence, 1 Feb, saying according to #DelhiPrisonRule none of the four convicts in the same crime can be hanged till the last convict exhaust his legal options i.e. mercy petition.
— India Legal (@indialegalmedia) January 30, 2020
The current date on the death warrant already became infructuous after Vinay Sharma’s lawyer moved a mercy petition on his behalf. As per Supreme Court’s guidelines in the Shatrughan Chauhan case, none of the convicts can be hanged during the pendency of a mercy petition, with a further moratorium of 14 days from the date of rejection of the petition.
The Patiala House Court had earlier moved the date of hanging from January 22 to February 1 after the President rejected the mercy plea of Mukesh on January 17.
Although Mukesh Kumar has exhausted all his remedial options, Akshay, Vinay and Pawan have some available legal options left before their death sentence is executed on February 1.
Akshay Singh’s curative petition was dismissed today. Further, Vinay Sharma’s mercy petition was filed yesterday and is under process.
It is being conjectured that Pawan Gupta will start filing petitions after the conclusion of Akshay’s curative petition and Vinay’s mercy petition. His plea of juvenility was rejected by the top court on January 20.
— India Legal Bureau