Delhi HC issues notice to 2012 gangrape convicts, directs Tihar authorities to respond to Centre's plea challenging stay on execution; next hearing today

  • The Ministry of Home Affairs moved Delhi High Court on Saturday challenging a trial court order, which had stayed the execution of the convicts until further orders

  • Arguing on behalf of the Central Government, Solicitor General Tushar Mehta told the high court that the convicts have taken the process of law to 'joyride' and are acting in tandem to delay their execution

  • The high court issued a notice to the four convicts in the 2012 Delhi gangrape and murder case and directed the authorities at Tihar Jail and the DG (Prisons) directing to reply to Centre's plea

The Delhi High Court on Saturday issued a notice to the four convicts in the 2012 Delhi gangrape and murder case and directed the authorities at Tihar Jail and the DG (Prisons) to reply to Centre's plea challenging a stay on the convict's execution.

The court issued the directions while hearing the Centre's petition challenging a trial court's order staying the execution of the four death row convicts in the 2012 Delhi gangrape and murder case. The court will hear the matter again on Sunday.

 Delhi HC issues notice to 2012 gangrape convicts, directs Tihar authorities to respond to Centres plea challenging stay on execution; next hearing today

Representational image. PTI

The execution of the death sentence was earlier scheduled for 1 February, Saturday.

The Ministry of Home Affairs has challenged the trial court's Friday order, which had stayed the execution of the convicts until further orders.

The plea, which sought setting aside of the trial court's order, has made parties the convicts, Mukesh Kumar, Vinay Sharma, Pawan Gupta and Akshay Singh, Director General (Prisons) and Superintendent of Tihar Jail.

Arguing on behalf of the Central Government, Solicitor General Tushar Mehta told the high court that the convicts have taken the process of law to "joyride" and are acting in tandem to delay their execution.

"The 2012 Delhi gangrape and murder case will go down in the history of India where convicts of a heinous crime are trying the patience of country," the Centre told the high court during the hearing.

The plea was mentioned before Chief Justice DN Patel for an urgent hearing and was listed for hearing later in the day.

It said the trial court judge has acted beyond its jurisdiction in postponing the death warrants issued against the four convicts.

The plea also said the trial court while postponing the death warrants "till further order", has failed to consider that the convicts were found guilty for the gruesome and horrible offence of gangrape and murder of a woman.

It further said that the convicts were given sufficient opportunity to avail all the remedies available to them but they deliberately chose to delay the process of filing their pleas.

The Centre said it was the nodal agency to maintain law and order in Delhi and was also the concerned department to process the mercy petitions files by any death row convict in the national capital.

The plea said the conduct of the convicts clearly shows their intention to delay the process of execution of death sentence, which is not only an abuse of process of law but also a mockery of courts and the judicial system.

With inputs from PTI

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Updated Date: Feb 02, 2020 13:59:16 IST