Nirbhaya case: Convict Mukesh's plea junked by Supreme Court
On Wednesday, the Supreme Court dismissed a plea of Mukesh Singh, who is facing death for raping a 23-year-old in 2012, in which he challenged President Ram Nath Kovind's decision to not grant him mercy. A bench, headed by Justice R Banumathi, said his arguments didn't hold water. Meanwhile, another convict, Akshay Singh, has filed a curative petition hoping to escape the noose.
Four were sentenced to death for raping Nirbhaya
On December 16, 2012, Nirbhaya was raped by six on a moving bus in Delhi and then dumped to die. The accused included a juvenile, who was released after spending three years at a reform home; and the bus' driver took his life before sentencing. The remaining four in the high profile case — Mukesh, Vinay, Akshay, and Pawan, were sentenced to death.
The case got limelight, but justice was delayed, nevertheless
Despite Nirbhaya's brutal gang-rape catching the attention of the world, Indians asking for strictest punishment, and the case being judged by fast-track courts, the convicts misused legal loopholes to save themselves. Mukesh filed mercy plea, got rejected, challenged it in SC; Pawan claimed he was a juvenile at the time of the crime, and Vinay too filed a curative plea in the apex court.
After bizarre arguments failed, Akshay took another route
Akshay is the latest one to take to SC. The curative petition will not be heard in an open court. Last month, Akshay knocked on SC's doors seeking to junk the death sentence and his lawyer made impossible arguments. His counsel said Akshay's life was already reduced due to Delhi's pollution, so why should he be hanged and not allowed to remain imprisoned.
Akshay spoke about human rights, judge said "Can't help"
AP Singh, who represented Akshay, also claimed the real "perpetrators" were let off. He cited the example of the death of a young child in Ryan International School, Gurugram, in which a bus conductor was falsely accused and tortured. He also claimed death penalty should be abolished as it defies human rights. But Justice Banumathi said she can't provide relief, considering the crime's bestiality.
Alleging "non-application of mind", Mukesh had challenged President's decision
Once Akshay's curative petition is junked, he will have the option to approach President Kovind. To note, after President Kovind junked his plea, Mukesh told the apex court that the former didn't "apply his mind" while taking the decision.
Convicts' tactics has disappointed Nirbhaya's mother Asha Devi
The long-drawn legal battle has taken a toll on Nirbhaya's mother, Asha Devi, who has slammed the convicts' tactics. She has repeatedly asked law authorities to stop them from exploiting rules and expedite their hanging. A few days ago, she fumed at senior lawyer Indira Jaising who suggested she should forgive the rapists-murderers just like Sonia Gandhi did with assassins of her husband.
The rapists are yet to reveal their last wish
An NDTV report said the convicts have also not revealed details of their last wish. As per rules, a death row convict is asked which family member he would like to meet, and who would get their property. The convicts are mum on these questions hinting that they want to buy more time, and are somehow convinced they would not be hanged soon.