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New Delhi: Nirbhaya’s mother Asha Devi, who is often asked about her indomitable spirit, broke down inside the courtroom on Wednesday as the court was hearing Nirbhaya’s parents plea seeking a fresh date for the execution of the four convicts — Mukesh, Pavan, Akshay and Vinay.
“I am standing with folded hands. Please issue the death warrant. I am also a human being. It’s been more than seven years,” Asha Devi said as she broke down.
On Tuesday, Nirbhaya’s parents filed a fresh plea in Patiala House Court, seeking a new date for death warrant for the convicts. The convicts were making a mockery of the legal system, her parents alleged. The case was to be heard on Wednesday at 2 PM.
The Supreme Court on Tuesday also issued a notice to the four convicts seeking their response on the Centre’s appeal challenging the Delhi High Court verdict which dismissed its plea against stay on their execution.
The court had on January 31 stayed “till further orders” execution of the four convicts in the case. The first order for execution of death sentence, issued on January 7 for January 22, was stayed on January 17. The second warrant, issued on January 17, for February 1 was stayed on January 31. In both the cases, mercy pelas were pending before the President.
On February 5, the High Court told the convicts to exhaust all legal remedies within a week.
What are the legal options?
| Legal Options | Mukesh Singh | Vinay Sharma | Akshay Thakur | Pawan Gupta |
| Review Plea | Dismissed | Dismissed | Dismissed | Dismissed |
| Curative Plea | Dismissed | Dismissed | Dismissed | Not filed |
| Mercy Plea | Dismissed | Dismissed | Dismissed | Not Filed |
| Challenge | Dismissed |
Review plea, curative plea, mercy plea and challenge are the legal options that the convicts can avail.
Review petition: A binding decision of the Supreme Court/High Court can be reviewed in review petitions
Curative plea: An aggrieved person is entitled to any relief against the final judgment of the Supreme Court after the dismissal of a review petition.
Mercy Plea: As per the Constitutional framework in India, mercy petition to the President is the last constitutional resort a convict can take when he is sentenced by the court of law. This can again be challenged again.
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