2012 Delhi gangrape convict seeks to withdraw mercy plea in letter to President Ram Nath Kovind, claims petition 'sent without consent'

  • One of the four convicts in the Delhi gangrape and murder case, on Saturday sought immediate withdrawal of his mercy plea from President Ram Nath Kovind

  • The convict wrote to the president alleging his mercy plea had been sent by the Tihar jail authorities with a malafide intention

  • Vinay Sharma said he was yet to exhaust all legal remedies available to him before filing the mercy plea

New Delhi: Vinay Sharma, one of the four convicts in the Delhi gangrape and murder case, on Saturday sought immediate withdrawal of his mercy plea from President Ram Nath Kovind, saying it was sent without his consent.  The convict wrote to the president, alleging his mercy plea, which was forwarded to him from the the Ministry of Home Affairs, had been sent by the Tihar jail authorities with a "malafide intention" and in "criminal conspiracy" with the Delhi government.

 2012 Delhi gangrape convict seeks to withdraw mercy plea in letter to President Ram Nath Kovind, claims petition sent without consent

File image of President Ram Nath Kovind. YouTube screengrab

Sharma said he was yet to exhaust all legal remedies available to him before filing the mercy plea as he has not filed any curative petition before the Supreme Court. "It is therefore prayed to your kind honour that until the exhaustion of the judicial remedies, including those yet to be filed and/or pending in the Delhi High Court and the Supreme Court by me as well as my co-accused, you may allow me to withdraw this mercy petition which has been filed without my consent and signature.

"Additionally, you are requested in the interim not to take any decision on my mercy petition," Sharma said in the letter, sent through his lawyer AP Singh. In his letter to President Kovind, Sharma also said his mercy plea was sent "fraudulently", without annexing to it any document detailing the mitigating circumstances of his case and by concealing various important facts so that the same is rejected.

The convict also pleaded that taking any step on his mercy plea would amount to a grave injustice as he was yet to exhaust all his judicial remedies. A Delhi court had recently directed Tihar Jail authorities to produce the four convicts before it on 13 December so that they can apprise the court about the status of their petitions.
The court was hearing a plea by the victim's parents who have sought a direction to the jail authorities to expedite the execution of the convicts

The victim's parents had approached the court saying the convicts have exhausted all legal remedies. In December last year, the victim's parents had approached the court to fast-track the procedure to hang all four convicts in the case. The Supreme Court on 12 December, 2018, had dismissed a PIL seeking direction to the Centre to execute the death penalty awarded to the four convicts Mukesh, Pawan, Vinay and Akshay.

The 23-year-old physiotherapy intern, who was gangraped and brutalised in moving bus in South Delhi by six, including the bus driver, conductors and helpers, had boarded the nearly vacant bus in Munirka in South Delhi along with her male friend on her way home on 16 December that year. After raping and brutalising the woman and beating her friend, the assailants had thrown them out of the bus. After receiving initial treatment in New Delhi for a few days, she was transferred to the Mount Elizabeth Hospital in Singaporea, where she succumbed to her injuries on 29 December, 2012.

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Updated Date: Dec 07, 2019 20:42:49 IST