38.6c New Delhi, India, Thursday, May 30, 2024
Judiciary

Nirbhaya Case Update: Tihar Jail Authorities Seek Issuance Of Fresh Death Warrants Against Convicts; Trial Court Seeks Convicts’ Response By Friday

By LawStreet News Network      06 February, 2020 09:02 PM      0 Comments
NirbhayaCaseUpdate NirbhayaConvicts TiharJail

Tihar Jail authorities, on February 6, 2020 have moved the Additional Sessions Court at the Patiala House Court seeking issuance of fresh death warrants against the Nirbhaya gang-rape and murder case convicts. 

In the application, it has been contended that after the rejection of Akshay’s mercy plea, no legal proceeding was pending before any court and hence, the trial court was free to issue a specific date for executing death warrant. 

The authorities have moved the application under Section 413 of the Code of Criminal Procedure, 1973

Section 413 of CrPC states, “Execution of order passed under Section 368: When in a case submitted to the High Court for the confirmation of a sentence of death, the Court of Session receives the order of confirmation or other order of the High Court thereon, it shall cause such order to be carried into effect by issuing a warrant or taking such other steps as may be necessary.”

Tihar, in its application filed through Prosecutor Irfan Ahmed has submitted that yesterday, Delhi High Court had refused to set aside the Trial Court order postponing the execution of death warrant sine die and had given seven days to the convicts to avail their legal remedies.

Tihar has contended that with the rejection of Akshay's mercy plea, there is no legal proceedings pending before any court or constitutional authority as of now and hence, the trial court was free to issue a specific date and time for executing the death warrant.

On January 7, 2020, the Court had issued death warrant against the four convicts, namely Mukesh, Pawan, Vinay and Akshay for January 22, 2020. A second death warrant for February 1 was issued by the Court on January 17 after Mukesh's mercy petition was rejected by the President of India. Thereafter, on January 31, the Court had stayed the execution of Nirbhaya convicts till further orders in view of the pendency of Vinay's mercy plea.

The January 31 order was challenged by the Central Government on the ground that the convicts were abusing the process of law and that there was a coordinated and deliberate inaction by the co-convicts to delay the execution of sentence.

Additional Sessions Judge Dharmender Rana today sought response from the convicts in the application and listed the matter for hearing on February 7, 2020.

 

Author: Shubham Jindal



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

aap-minister-atishi-summoned-by-delhi-court-in-bjp-defamation-case-to-appear-on-jun-29
Trending Judiciary
AAP Minister Atishi summoned by Delhi Court in BJP defamation case, to appear on Jun 29

A Delhi Court has summoned Aam Aadmi Party (AAP) Minister Atishi in a defamation case by Bharatiya Janata Party (BJP) spokesperson Praveen Shankar Kapoor.

29 May, 2024 12:44 PM
sikkim-high-court-announces-menstrual-leave-for-female-employees
Trending Judiciary
Sikkim High Court Announces Menstrual Leave for Female Employees [Read Order]

Sikkim High Court grants 2-3 days of menstrual leave monthly to female employees, requiring Medical Officer approval, without deducting from regular leave accounts.

29 May, 2024 01:15 PM

TOP STORIES

live-coverage-in-depth-exploration-of-bhartiya-sakshya-adhiniyam-bsa-at-dhcba-lecture-series
Trending Events & Opportunity
LIVE Coverage: In-Depth Exploration of Bhartiya Sakshya Adhiniyam (BSA) at DHCBA Lecture Series [Watch Live]

LIVE Coverage: DHCBA Lecture Series explores the Bhartiya Sakshya Adhiniyam (BSA), 2023 with Justice Bhambhani & Senior Advocate Jayant Mehta. Tune in at 5pm on LawStreet Journal!

24 May, 2024 11:30 AM
bjp-moves-supreme-court-against-calcutta-high-courts-ban-on-derogatory-ads-targeting-tmc
Trending Judiciary
BJP Moves Supreme Court Against Calcutta High Court's Ban on "Derogatory" Ads Targeting TMC

BJP moves Supreme Court against Calcutta High Court order banning "derogatory" ads targeting TMC during Lok Sabha elections, seeks urgent hearing.

24 May, 2024 12:12 PM
demand-notice-via-courier-valid-in-cheque-bounce-cases-allahabad-high-court
Trending Judiciary
Demand Notice via courier valid in cheque bounce cases: Allahabad High Court [Read Order]

Allahabad HC rules demand notices via courier valid for cheque bounce cases under Section 138 NI Act, but service presumption needs registered post amendment.

24 May, 2024 01:44 PM
cant-interrupt-in-between-polls-sc-declines-to-consider-plea-for-uploading-voters-turnout-data
Trending Judiciary
'Can't interrupt in between polls,' SC declines to consider plea for uploading voters turnout data

SC declines plea to upload voter turnout data during ongoing polls, citing the need to avoid interruptions and uphold electoral integrity, pending further examination.

24 May, 2024 02:06 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email