New Delhi: At a time when four convicts in the 2012 Nirbhaya gang-rape and murder case waiting to be hanged in Tihar Jail, the Supreme Court will on Tuesday hear the curative petition of two death row convicts. Also Read - Nirbhaya Case: Ahead of Convicts' Execution, Dummy Hanging Carried out in Tihar
The apex court’s five-judge bench of Justices N V Ramana, Arun Mishra, R F Nariman, R Banumathi and Ashok Bhushan will hear the petition filed by Vinay Sharma and Mukesh at 1:45 PM. Also Read - Nirbhaya Gangrape Case: Supreme Court to Take up Curative Pleas of Convicts Mukesh, Vinay on January 14
The two convicts moved a curative petition in the top court after a Delhi court earlier this month issued a death warrant against them and announced January 22 as the date of their execution. Also Read - Fresh Petition Filed in Delhi Court to Persuade Nirbhaya Convicts to Donate Organs For Social Welfare
Apart from these two, other two convicts named Pawan and Akshay will be executed on the same day at 7 AM in Delhi’s Tihar Jail. These two convicts did not file curative petition before the top court.
A curative petition is the last judicial resort available for convicts to put forth their grievances in the top court. It is decided by the in-chamber judges of the top court. If the curative petition is rejected, then the convicts are legally bound to move a mercy petition. The mercy petition can be filed before the President who has the power to commute it to life imprisonment.
The development comes after the Patiala House Court on January 7 issued death warrants against the four convicts in the Nirbhaya gang rape and murder case and observed that despite being afforded sufficient time and opportunity, the convicts didn’t exercise their legal remedies.
One of the accused in the murder case was a minor and appeared before a juvenile justice court, while another accused committed suicide in Tihar Jail.
Filing the curative petition, Vinay Sharma said his entire family suffered due to the criminal proceedings. “The petitioner is not the only person being punished; his entire family has suffered greatly as a result of the criminal proceedings. The family faced societal wrath and humiliation for no fault of theirs,” he said.
Soon after Vinay filed the curative petition, another death row convict Mukesh filed a curative petition in the Supreme Court.
In a sensational turn of events, a 23-year-old paramedic student, referred to as Nirbhaya, was gang-raped and brutally assaulted on the intervening night of December 16-17, 2012 inside a moving bus in south Delhi by six persons before throwing her out on the road. She was later taken to Mount Elizabeth Hospital in Singapore where she succumbed to her injuries on December 29, 2012.