Additional Sessions Judge Satish Kumar Arora on Friday issued fresh death warrants against the four convicts in the case after being informed by Tihar Jail authorities that the mercy plea of convict Mukesh has been dismissed by India’s president.
Public Prosecutor Irfan Ahmed had earlier in the day moved a fresh application seeking issuance of death warrants against the four death row convicts, telling the court that no plea of the convicts is pending before it or any other forum.
The four convicts — Mukesh, Vinay Sharma, Akshay Thakur and Pawan Gupta — were earlier due to be executed at 7am on January 22.
The four death-row convicts in the Nirbhaya rape case cannot be executed until their appeal in a robbery case pending before the Delhi High Court is disposed of, advocate A P Singh, who is representing the rapists, said on Friday.
“The Tihar Jail authorities have concealed the fact that appeals of the convicts in a robbery case are still pending in the Delhi High Court. Their execution is not possible until the robbery case is disposed of,” Singh told ANI.
In August 2015, a Delhi court had held the four death row convicts guilty of robbing a carpenter named Ram Adhar.
The court convicted the four — Vinay Sharma, Akshay Thakur, Mukesh Singh and Pawan Gupta — for robbery, kidnapping, wrongfully confining a person, voluntarily causing hurt in committing or attempting to commit robbery, dishonestly receiving stolen property under the Indian Penal Code (IPC).
The convicts were tried for beating up and robbing Ram and sentenced to 10 years in prison. They had then filed an appeal in the High Court which is still pending.
Nirbhaya’s mother expressed disappointment with the courts and government after the date of execution of her daughter’s rapists was postponed by a Delhi court.
“I am disappointed with the courts, government and the whole system. I do not know if they [convicts] will be hanged or the date of their execution will be further extended,” Asha Devi told the media persons.
She rued that the convicts got what they wished for. “I will not be satisfied until they are hanged,” she added.
