Nirbhaya| SC dismisses the curative plea of the fourth Death Row convict

Supreme Court: A five-judge Constitution bench of the Supreme Court today dismissed the curative petition filed by Pawan Kumar Gupta, a death row convict in the Nirbhaya gangrape and murder case.

“The application for an oral hearing is rejected. The application for stay of execution of the death sentence is also rejected. The Curative Petition is dismissed in terms of the signed order,”

The five-judge Constitution bench of NV Ramana, Arun Mishra, RF Nariman, R Banumathi and Ashok Bhushan, JJ held,

“In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra vs. Ashok Hurra, 2002 (4) SCC 388. Hence, the Curative Petition is dismissed.”

Gupta had on Friday filed a curative petition before the Supreme court seeking the commutation of his death sentence to life imprisonment. He is the fourth convict in the case to file a curative petition.The Supreme Court has already rejected the curative petitions of the remaining three.

This comes as a lower court issued a fresh death warrant  for the four convicts — Vinay Sharma, Akshay Thakur, Pawan Gupta and Mukesh Singh, which orders their hanging at 6 am on March 3 at Delhi’s Tihar Jail. Meanwhile, the Supreme Court has also slated for March 5 hearing on a petition, filed by the Union Ministry of Home Affairs, seeking directions to execute the death row convicts in the Nirbhaya gangrape and murder case separately.

The 23-year-old paramedic student, referred to as Nirbhaya, was gang raped and brutally assaulted on the intervening night of December 16-17, 2012 in a moving bus in south Delhi by six people before being thrown out on the road. She died on December 29, 2012 at Mount Elizabeth Hospital in Singapore. Besides Mukesh, three others – Akshay, Vinay, and Pawan are facing the gallows for the heinous crime that shook the entire nation. One of the six accused in the case, Ram Singh, allegedly committed suicide in the Tihar Jail here.

On July 9, 2018 , the Court had dismissed the review pleas filed by the three convicts in the case, saying no grounds have been made out by them for review of the 2017 verdict.

On December 18, 2019, the 3-judge bench of R Banumathi, Ashok Bhushan and AS Bopanna, JJ rejected the review petition of the last convict, Akshay Kumar Singh, seeking modification and leniency.

On January 21, 2020, the 3-judge bench of R. Banumathi, Ashok Bhushan and AS Bopanna, JJ had dismissed the Special Leave Petition filed by Pawan Kumar Gupta, one of the four death row convicts in the Nirbhaya Gang rape case where he “reagitated” the plea of juvenility.

A juvenile, who was among the accused, was convicted by a juvenile justice board and was released from a reformation home after serving a three-year term. Two of the convicts are yet to file curative petitions before the Supreme Court.

Another accused, Ram Singh, allegedly committed suicide in Tihar Jail in March 2013 during the trial. Another convict, who was a minor at the time of the crime, was sent to a reform facility and released after three years of the crime.

[Pawan Kumar Gupta v. State of NCT of Delhi, 2020 SCC OnLine SC 264, decided on 02.03.2020]

(With inputs from ANI)

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