New Delhi: Moments after the Delhi Court’s historic judgement announcing death warrants against all four accused in the Nirbhaya gangrape case, the convicts’ lawyer said that they will file a curative petition in the Supreme Court soon. Also Read - SC Allows Harish Salve To Recuse As Amicus, Raps Senior Lawyers For Imputing Motives To It
“We will file a curative petition in SC within a day or two. Five senior-most judges of the SC will hear it. There has been the pressure of media, public and political pressure in this case since the beginning. An unbiased probe could not take place in this case,” said Nirbhaya convicts’ lawyer AP Singh. Also Read - Supreme Court Asks Centre For Plan on Issues Relating to Oxygen Supply, Essential Drugs and Vaccination Method
Meanwhile, Additional Sessions Judge Satish Kumar Arora said that the convicts can use their legal remedies within 14 days. Officials at the Tihar Jail will write to UP Prisons to seek service of a hangman and to inform them about the date and time of execution of all 4 convicts as decided by the court. Also Read - Supreme Court Slaps Rs 50,000 Fine on Waseem Rizvi For Plea Seeking Removal of 26 Verses From Quran
What is a curative petition?
A curative petition is the last legal recourse available to a convict which is filed after the review plea against the final conviction in a case is dismissed. It is generally filed in-chamber to ensure that there is no abuse of power or a miscarriage of judgement in the court’s order.
The concept was evolved by the Supreme Court during the hearing of a matrimonial discord case of Rupa Ashok Hurra vs. Ashok Hurra and another in 2002.
2012 Delhi gangrape case at hand
The 23-year-old woman, who came to be known as ‘Nirbhaya’ was brutally gang-raped and murdered by six men on December 16, 2012, and succumbed to her injuries two weeks later.
Six accused in the case were arrested and charged with sexual assault and murder. However, one of the convicts, a minor, appeared before the juvenile justice court, while the prime accused in the case, Ram Singh, allegedly committed suicide inside Tihar Jail.
The four convicts facing the gallows on death row – Pawan Kumar Gupta, Akshay Kumar Singh, Vinay and Mukesh Singh – will be hanged at Delhi’s Tihar Jail on January 22 at 7 AM