New Delhi: Mukesh Kumar Singh, one of the death row convicts in the 2012 Nirbhaya gangrape case, on Saturday moved the Supreme Court seeking judicial review of the rejection of mercy petition by the President. His mercy petition was dismissed by President Ram Nath Kovind on January 17. Also Read - Nirbhaya Case: Delhi Court Disposes of Convicts' Plea Against Tihar Jail; 'Delaying Tactics,' Says Prosecution
A petition has been filed under Article 32 for judicial review of the manner of rejection of the mercy petition in terms of the judgment of Supreme Court in Shatrughan Chauhan case,” advocate Vrinda Grover, who is representing Mukesh, told PTI. Also Read - Nirbhaya Case: Convicts Likely to Move Corrective Pleas in Supreme Court, Accuse Tihar of Delay
Mukesh, along with Pawan Gupta, Vinay Sharma and Akshay Singh, is scheduled to be hanged on February 1 at 6 AM. Mukesh had moved the mercy petition after the Supreme Court had dismissed his curative petition against his conviction and death sentence. Other two convicts Pawan Gupta and Vinay Kumar Sharma are yet to file curative petitions before the Supreme Court. Also Read - Condemned Prisoners Should Not be Under Impression That Death Penalty Remains 'Open Ended': SC Amid Delay in Hanging of Nirbhaya Convicts
Earlier in the day, Delhi’s Patiala High Court said no further directions were required on a plea filed by the lawyer of the death row convicts in which it was alleged that the prison authorities were not handing over certain documents required to file mercy and curative petitions and disposed of the petition. Additional Sessions Judge Ajay Kumar Jain said the convicts’ lawyer can take pictures of the relevant documents, notebook and paintings or sketches from the Tihar jail authorities.
The four convicts were to be executed at 7 AM on January 22 but the execution was delayed on account of Mukesh’s mercy plea pending before the President. According to prison rules, execution can only take place within 14 days of the President dismissing a mercy petition. It remains to be seen whether this plea will delay the hanging further.
The 23-year-old paramedic student, referred to as Nirbhaya, was gangraped and brutally assaulted on the intervening night of December 16-17, 2012, in a moving bus in south Delhi by six people before she was thrown out on the road. She was flown to a hospital in Singapore where she died.