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Nirbhaya case: HC holds midnight hearing on convicts' plea
New Delhi, March 19, 2020
Soon after the trial court did not provide any relief to the four death row convicts in the Nirbhaya gang rape and murder case, the convicts approached the Delhi High Court late on Thursday night to try and stay their execution scheduled for just a few hours from now.
A division bench of Justices Manmohan and Sanjeev Narula is hearing the matter.
Advocate A. P. Singh, appearing for the convicts, argued that there has been a miscarriage of justice.
The bench however told the counsel, "You have to be fair to your client and your client has to be fair to us. You should come with some substantive point at the 11th hour. There is no foundation in your petition."
Singh then argued before the court that convict Pawan is a juvenile. He also raised the complaint he had filed in the trial court claiming that the sole witness in the case was tutored which was dismissed by the trial court.
The bench repeatedly asked the counsel to bring out one valid point to support his arguments for a stay on the warrants.
"Three courts have applied their minds, the President has applied his mind. You again approached Supreme Court, five judges again applied their minds. If you want to stay the warrants you have to make a case for it Mr Singh," the bench said.
Opposing the arguments of Singh, advocate Rahul Mehra, senior standing counsel (Criminal), Delhi government argued, "There is no new argument he has. This is a serious matter."
Counsels appearing for Nirbhaya's parents, Seema Kushwaha and Jitendra Jha claimed that all the arguments Singh raised before the bench have been considered by the top court in various legal remedies which the convicts availed.