Will Nirbhaya's killers finally hang at 6 am on March 3? Additional sessions judge Dharmendra Rana on Monday pronounced the new date for the execution of the death sentence. But, one of the convicts, Pawan Gupta, has not even sent his mercy petition to the President yet. Neither has he filed a curative petition.
The date for the hanging of four convicts—Mukesh Kumar Singh (32), Pawan Gupta (25), Vinay Kumar Sharma (26) and Akshay Kumar (31)—has been rescheduled twice this year since they had not exhausted all their legal options. The first date for hanging was set on January 22. But the hanging could not take place since Mukesh Singh had filed a mercy plea. The next date of hanging, February 1, again had to be called off as Vinay Sharma's mercy plea was pending.
One February 5, the Delhi high court gave the killers one week to exhaust all their legal options, after which a fresh date for hanging would be set. The high court also made it clear that the killers could not be hanged separately, as they were convicted of the same crime. The Centre has appealed against this ruling to the Supreme Court, where the matter is likely to be heard on February 20. Whatever be the decision, the lawyers of the killers might want to appeal for a fresh date of hanging after the order. Meanwhile, Akshay Kumar also has one last ditch option left, that of challenging the rejection of his mercy plea by the President.
The delaying tactics by the four convicts, to buy a few more days of life, has come under severe criticism. However, given that there is no rule which stipulates that co-convicts should file their appeals concomitantly, it was but natural for them and their lawyers to try and stretch the matter as far as they can. The killers have, therefore, staggered their pleas.
Legal experts say that a hanging should not be delayed because the convict hasn't made a plea for clemency. However, given the importance that the legal system puts on human rights of the convict, it does seem unlikely that the system will hasten the execution only because of public impatience. It is very likely that Pawan Gupta's plea may come in the eleventh hour. In the past, during the execution of Yakub Memon in 2015, the Supreme Court even held a hearing at 2.30 am to hear a last minute appeal for clemency by human rights groups. Only after even that option was exhausted did Memon finally hang.
So, while Pawan may be rapped by the courts for delaying the execution and not filing his pleas within the stipulated one week decided by the high court, it is very likely that he will be given the opportunity to exhaust every legal option.
