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