SC rejects Nirbhaya convict's plea on stay on death penalty
New Delhi, January 30, 2020
With just two days remaining for the execution of the convicts in the Nirbhaya gang-rape and murder case, the Supreme Court on Thursday rejected the curative petition of Akshay, one of the convicts in the case, seeking a stay on the death sentence.
A five-judge bench headed by Justice N. V. Ramana and comprising Justices Arun Mishra, R. F. Nariman, R. Banumathi and Ashok Bhushan, considered Akshay's petition in-chambers.
"The application for oral hearing is rejected. The application for stay on the execution of death sentence is also rejected," said the top court.
Earlier, the apex court had dismissed the curative petitions of the other convicts Mukesh and Vinay.
The Supreme Court on Wednesday had dismissed convict Mukesh Singh's plea seeking judicial review of the rejection of his mercy petition by the President.
With this decision by the top court, Mukesh has exhausted the last legal remedy available to him against the death sentence.
A bench comprising Justices R. Banumathi, Ashok Bhushan and A.S. Bopanna said that all the relevant documents connected with the case were placed before the President and then a decision was taken on his mercy petition.
The court observed that the alleged ill-treatment and cruelty in jail is no ground to grant mercy to the convict. Also, Mukesh's counsel's contention that there was non-application of mind while rejecting his mercy petition was rejected by the court.
Mukesh' counsel had submitted that there was non-application of mind in rejection of the petitioner's mercy petition, as it was rejected with lightning speed.