Nirbhaya case | SC quashes plea of convict Mukesh

Mukesh had sought restoration of legal remedies against the death sentence

This combination of images created on September 24, 2013, shows convicted Indian prisoners (L/R): Akshay Thakur, Vinay Sharma, Mukesh Singh, Pawan Gupta as they arrive for an appearance at The High Court in New Delhi on September 24, 2013. Four men condemned to death for the murder and gang-rape of an Indian student were brought back to court as their lawyers confirmed before judges that they would appeal the sentence. The convicts were produced before the High Court in New Delhi where a panel of two judges said they would take up the case from September 25, the lawyer for one of the men told AFP. AFP PHOTO/STR

The Supreme Court on Monday dismissed a petition filed by one of the Nirbhaya case convicts , Mukesh, for restoration of his legal remedies, including a curative petition, against his death sentence.

The four convicts in the case are scheduled to be hanged to death on March 20 . Mukesh, through his counsel M.L. Sharma, said his earlier lawyer had coerced him to sign documents for vested political interests hatched in a joint criminal conspiracy.

The petition said: “Petitioner (Mukesh) is victim of criminal conspiracy and fraud played and hatched jointly by the R-1 (Ministry of Home Affairs), R-2 (Delhi government) and R-3 (Vrinda Grover) and other advocate who appeared in the Sessions Court, High Court and the Supreme Court in the petitioner’s death warrant case.”

The petition claimed the limitation period to file a curative petition was three years from the date of dismissal of the review plea. He sought to “restore” the rights available to him and allow him to file curative and mercy petitions till July 2021.

A Bench led by Justice Arun Mishra refused to entertain the plea, saying it was not maintainable. Mr. Sharma was finally allowed to withdraw with the court dismissing the case.

As of now, all four — Pawan, Mukesh, Vinay and Akshay — have exhausted their available remedies.

In Mukesh’s case, the top court had on July 9, 2018 dismissed his review plea. His curative and mercy pleas were rejected by it and President Ram Nath Kovind, respectively.

A 23-year-old physiotherapy student was gang-raped in a moving bus in South Delhi on December 16, 2012. She died after a fortnight from the massive injuries she suffered. Six people, including the four convicts and a juvenile, were named as accused. Ram Singh, the sixth accused, allegedly committed suicide in Tihar Jail days after the trial began.

Published - March 17, 2020 12:58 am IST