Tihar Jail Authorities have moved Patiala House Court for seeking fresh death warrants against the four convicts in the Nirbhaya rape case.
While admitting the said application, the court of ASJ Dharmender Rana has issued notices to all the four convicts. The matter will be heard tomorrow.
The petition has been moved under section 413 of Criminal Procedure Code, as mercy petitions of three out of the four convicts, namely Mukesh, Vinay and Akshay, have been rejected by the President of India.
Since the fourth convict, Pawan, has still not preferred either his curative or the mercy petition, there’s no application pending on behalf of any of the convicts before any court.
It is mentioned in the application that after the trial court’s order dated 31/01/2020, wherein the date of execution was stayed sine die, the President has rejected the mercy pleas of both Vinay and Akshay on February 1 and February 5 respectively.
The application also talks about the High Court order in the revision petition moved the Centre, wherein a period of 7 days have been given to the convicts to exhaust all their legal remedies.
A fresh death warrant is sought on the ground that, as on today, none of the petitions of any of the convicts is pending before any court or constitutional authority, and accordingly, nothing survives as on today.
On January 7, the first common death warrant was issued against the four convicts, and the date of execution was set for January 22. However, the said date had to be postponed to February 1, by an order dated January 17, due to the subsequent developments in the legal remedies exercised by the convicts.