Case BriefsSupreme Court

Supreme Court: In a landmark ruling, the Division Bench of Dinesh Maheshwari* and Aniruddha Bose, JJ., reversed Delhi High Court’s judgment holding that the Presidential order banning benefit of parole and remission to the appellant will also disentitle him of benefit of furlough.

By a detailed judgment the Bench clarified differences between remission, parole and furlough. Opening that the High Court had misunderstood furlough for remission, the Bench expressed,

“We need not elaborate to say that depriving of even the concession of furlough and thereby taking away an incentive/motivation for good conduct would not only be counter-productive but would be an antithesis to the reformative approach otherwise running through the scheme of Rules of 2018.”

Factual Background

The appellant – a life convict whose death sentence was commuted by the President of India vide order dated 15-11-2012 – had preferred the instant appeal on being aggrieved by the Delhi High Court’s order, dismissing his writ petition and declining his prayer to grant furlough. The High Court had held that the appellant was not entitled to furlough owing to the conditions of the order issued by the President of India in mercy petition that the appellant’s death sentence be converted to the one of imprisonment for life with additional direction that he would remain in prison ‘for the whole of the remainder of his natural life without parole and there shall be no remission of the term of imprisonment’.

The High Court opined that that the appellant was not entitled to seek furlough because he was not entitled to remission of any kind. However, the contention of the appellant was that the aforesaid terms of the order dated 15-11-2012 were of no debarment, so far as his entitlement to furlough under the Delhi Prison Rules, 20181 was concerned.

Decision of Death Sentence

The appellant was sentenced to death for the offence under Section 302 of the Penal Code, 1860 on accusation that he caused the death of his step-mother, step-brother and step-sister by multiple knife-blows. Finding it to be a case falling in ‘rarest of the rare category’, the High Court as well as the Supreme Court had confirmed the sentence of death awarded to him.

Mercy Petition

When the curative petition filed by the appellant was dismissed, the appellant approached the President in a mercy petition to grant pardon and to suspend, remit or commute his sentence. By the order dated 15-11-2012, the President modified the sentence of death awarded to the one of imprisonment for life with the requirements that he would remain in prison for the whole of remainder of his natural life without parole and there shall be no remission of the term of imprisonment.

Law on Furlough

Furlough is defined in Section 2(h) of the Delhi Prison Act, 2000 as: –

“Furlough means leave as a reward granted to a convicted prisoner who has been sentenced to RI for 5 years or more and has undergone 3 years thereof”

The objectives of parole and furlough are set forth in Rules 1197 to 1200 of the Delhi Prison Rules, 2018; Rule 1199 states that furlough means release of a prisoner for a short period of time after a gap of certain qualified numbers of years of incarceration by way of motivation for maintaining good conduct and to remain disciplined in the prison. This is purely an incentive for good conduct in the prison. Therefore, the period spent by the prisoner outside the prison on furlough shall be counted towards his sentence.

Rule 1223 states following requirements to be eligible for furlough:

  1. Good conduct in the prison and should have earned rewards in last 3 Annual good conduct report and continues to maintain good conduct.
  2. The prisoner should not be a habitual offender.
  3. The prisoner should be a citizen of India.

The ideology behind granting furlough is that convicts too must breathe fresh air for at least some time provided they maintain good conduct consistently during incarceration and show a tendency to reform themselves and become good citizens.

High Court Misunderstood Furlough for Remission

Rejecting the reasoning of the High Court that once it had been provided by the President that the appellant would remain in prison for whole of the reminder of his natural life without parole and without remission, all his other rights, particularly those emanating from good jail conduct, as available in the Rules, 2018 would stand foreclosed, the Bench stated that in the Rules, 2018, the eligibility requirement to obtain furlough is of ‘3 Annual good conduct reports’ and not ‘3 Annual good conduct remissions’.

The Bench opined that in the scheme of the Rules, 2018 it cannot be said that earning rewards is equivalent to earning remissions and even if he (the appellant) would spend some time on furlough, that will not come to his aid so as to seek remission because of the fact that he has to remain in prison for whole of the reminder of his natural life.

Difference between Parole, Remission and Furlough

Further, the Bench noted that the presidential order dated 15-11-2012 bars parole as also remission but significantly, there is no mention of the treatment of entitlement towards furlough. While differentiating between remission, parole and furlough, the Bench observed that parole is akin to temporary suspension of execution of sentence. There cannot be any temporary suspension of execution of sentence qua the appellant inasmuch as the sentence awarded to him has to run in perpetuity and during the whole of his natural life. Moreover, for parole, conduct is not a decisive factor.

However, in contradistinction to parole, in furlough, the prisoner is deemed to be serving the sentence inasmuch as the period of furlough is not reduced from actual serving period. And, the conduct is predominantly decisive of entitlement towards furlough. Thus, even if the appellant would be on furlough, he would be deemed to be serving the sentence for all time to come. The Bench opined that,

“…the High Court proceeded on the assumption that the matter was being considered for grant of remission and ‘consequently’ for grant of furlough under the Delhi Prison Rules, 2018. The Court was of the view that since the convict in question would not get remission, he would not be entitled to furlough. The Court assumed that remission was a prerequisite for furlough.”

Hence, the Bench held that the entitlement of furlough cannot be decided in the case of the present nature with reference to the question as to whether any remission would be available or not.

Noticing that the whole of the scheme of granting furlough is based on reformation and is an incentive for maintaining good conduct, the Bench held that even if the appellant is to remain in prison for the whole of remainder of his life, the expectations from him of good conduct in jail would always remain; and the lawful consequences of good conduct, including that of furlough, cannot be denied.

Verdict

In the above backdrop, the Bench concluded that since the appellant had 3 Annual good conduct reports in his favour, he could not be denied furlough with reference to the order dated 15-11-2012, as the said order could not be construed to take away the rights flowing from his maintaining good conduct; neither the requirements of his maintaining good conduct are whittled down nor the reformative approach and incentive for good conduct cease to exist in his relation.

Therefore, the Bench disapproved blanket denial of furlough to the appellant in the orders impugned, and directed the authorities concerned to decide the case of the appellant for grant of furlough in accordance with law. The impugned judgment and orders were set aside; and the case of the appellant for grant of furlough was restored for reconsideration of the Director General of Prisons, to be decided preferably within two months.

[Atbir v. State (NCT of Delhi), 2022 SCC OnLine SC 527, decided on 29-04-2022]


*Judgment by: Dinesh Maheshwari


Appearance by:

For the Appellant: Advocate Neha Kapoor

For the State: Additional Solicitor General S. V. Raju


Kamini Sharma, Editorial Assistant has put this report together 

Case BriefsSupreme Court

Supreme Court: The 3-judge bench of R Banumathi, Ashok Bhushan and AS Bopanna, JJ rejected the plea filed by Akshay Kumar Singh, one of the convicts in the 2012 Nirbhaya gang-rape and murder case, who had  challenged the order of rejection of his mercy petition by the President of India, inter alia, on various grounds that the settled principles of consideration of mercy petition have not been followed.

“we do not find any ground to hold that there was non-application of mind by the President of India. Insofar as the alleged torture of the petitioner in the prison”

Regarding the alleged torture in the prison, the Court said it cannot be a ground for review of the order of rejection of the Mercy Petition by the President of India.

On the ground that the Press interviews given by the persons in position of authority reported in the newspapers have influenced the decision of the President of India in rejection of the mercy petition, the Court said that

“when the decision has been taken by the highest constitutional authority like the President of India it cannot be said that the President of India was influenced by such interviews reported in the newspapers.”

It was also argued before the Court that the wife of the petitioner has filed divorce petition and the same is pending consideration and that if the death warrants scheduled for 20.03.2020 is executed what will be 4 the fate of the wife who has filed the divorce petition who has averred that she does not want to live as a widow of death row convict. On this the Court said,

“The divorce petition said to have been filed by the wife of the petitioner and the petitions filed by the petitioner before the Lieutenant Governor and Chief Minister of Delhi under Sections 432 and 433 Cr.P.C. cannot a ground for exercise of judicial review of the order of the President of India rejecting the Mercy Petition.”

Three of the four death row convicts in the Delhi gangrape case, including Gupta, had also approached the International Court of Justice (ICJ) earlier this month, seeking a stay on the execution of their death sentence.

All four accused are scheduled to be hanged tomorrow. 

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.

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.

[Akshay Kumar Singh v. Union of India, WRIT PETITION (CRL.) No.121 of 2020, decided on 19.03.2020]


Also Read:

Nirbhaya Gangrape Case: Story From A Different World Where Humanity Has Been Treated With Irreverence

Hot Off The PressNews

Supreme Court: The Court has dismissed the curative petition of Pawan Gupta, one of the convicts in the 2012 Nirbhaya gang-rape and murder case, who had moved the court against the dismissal of his review plea. In his petition, Pawan has claimed that he was juvenile at the time of the crime in 2012.

This comes as Gupta, along with three other convicts, Mukesh Singh, Akshay Singh Thakur, and Vinay Sharma. are scheduled to be hanged on March 20 at 5.30 am.

Three of the four death row convicts in the Delhi gangrape case, including Gupta, had also approached the International Court of Justice (ICJ) earlier this month, seeking a stay on the execution of their death sentence.

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.

(Source: ANI)


Also Read:

Nirbhaya Gangrape Case: Story From A Different World Where Humanity Has Been Treated With Irreverence

Hot Off The PressNews

Supreme Court: The 3-judge bench  of R Banumathi, Ashok Bhushan and Navin Sinha, JJ has said that it will hear on March 5, 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. It is pertinent to note that a fresh death warrant has been issued for the four death row convicts, Vinay Sharma, Akshay Thakur, Pawan Gupta, and Mukesh Singh, in the case for their hanging at 6 am on March 3.

Additional Solicitor General KM Natraj, appearing for the Union of India today, submitted to the apex court that the Delhi High Court had given a week’s time to execute the death warrants. The Centre had moved the top court after the Delhi High Court had rejected its petition.

The Delhi High Court had, on February 5, stated that the death warrant of all convicts in the Nirbhaya case should be executed together. The Delhi High Court had observed that Delhi prison rules do not state whether when the mercy petition of one convict is pending, the execution of the other convicts can take place and from the trial court to
Supreme Courtall convicts have been held by a common order and a common judgment.

Meanwhile, a Delhi court on Saturday dismissed an application filed by Vinay Sharma, one of the four death row convicts in Nirbhaya case, seeking specialised medical treatment for his claimed “grievous head injury, fracture in his right arm, insanity, mental illness and schizophrenia”.

Four people, Mukesh Kumar Singh , Pawan Kumar Gupta, Vinay Kumar Sharma, and Akshay Kumar Singh, are facing execution in the infamous Nirbhaya gang-rape and murder case.

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.

(Source: ANI)

Case BriefsSupreme Court

Supreme Court: A 3-judge bench of R. Banumathi, Ashok Bhushan and AS Bopanna, JJ has dismissed the plea seeking review of the order of the President of India rejecting the mercy petition of Vinay Kumar Sharma, one of the convicts in the Nirbhaya gang-rape case. It said,

“The note put up before the President of India is a detailed one and all the relevant materials were placed before the President and upon consideration of same, the mercy petition was rejected.”

Here is a gist of the grounds raised by the petitioner and the Court’s response to the said grounds:

Non-furnishing of relevant materials under RTI Act

Stating that since this Court has examined the file as indicated above, the petitioner cannot make grievance that because of the non-furnishing of the copy of the documents, prejudice is caused to them, the Court said that in any event,

“the issue with regard to the nature of documents required not being provided under the Right to Information Act would not arise, keeping in view the definite parameters under which the petition of the present nature is required to be considered.”

Lieutenant Governor, Delhi and Home Minister, Govt. of NCT of Delhi did not sign the relevant file

Upon perusal of the file relating to the mercy petition of the petitioner, it is seen that the Minister (Home), NCT of Delhi and Lieutenant Governor, Delhi has perused the relevant file and have signed the note to reject the mercy petition.”

Non-placing of relevant materials before the President of India and the relevant materials were kept out of consideration

By perusing the note put up before the President of India, we have seen that all the documents enclosed along with mercy petition of the petitioner and the submissions made by him in the mercy petition were taken into consideration.”

Non-placing of relevant materials – medical status report and the status report as per the mental health of the petitioner

It was argued that torture, cruelty and inhuman treatment and the physical assault were inflicted on Vinay Kumar in the prison, and that he was was suffering from various illness and on complaints of “decreased appetite”, “decreased sleep” and number of other times for “psychiatric review”, “thought disorder” and “weakness”, number of times, he was taken to Central Jail Hospital and the petitioner was given treatment repeatedly. This was, however, not brought to the notice of the President. On this the Court noticed that the medical report of the petitioner along with the treatment and his latest medical report dated 30.01.2020 was placed before the concerned authorities which in turn, was placed before the President.

“In the medical status report, Dr. Akash Narade has referred to the details of the treatment of the petitioner and certified that the petitioner is psychologically well adjusted and he was being provided with regular therapy sessions by specialized therapists and the general condition of the petitioner is stable.”

The Court further reiterated that the alleged suffering of the petitioner in the prison cannot be a ground for judicial review of the executive order passed under Article 72 of the Constitution of India rejecting petitioner’s mercy petition. The bench had said the same thing while dismissing Mukesh Kumar’s plea against rejection of his mercy petition by the President.

Solitary confinement

for security reasons, the petitioner was kept in one ward having multiple single rooms and barracks and the said single room had iron bars open to air and the same cannot be equated with solitary confinement/single cell.

“It is clear from the affidavit filed by the Director General (Prisons) that the petitioner was not kept in solitary confinement; rather he was kept in protective custody which was for the benefit of the petitioner and also for ensuring the security.”

Bias Order was passed on irrelevant considerations

It was argued that bias caused to the case of the petitioner because of the statements made by the Ministers in the Delhi Government as well as in the Union Government which have led to pre-judging the outcome of the petitioner’s mercy petition even before it was placed before the President of India for consideration. On this the Court said,

“The public statements said to have been made by the Ministers, cannot be said to have any bearing on the “aid and advice” tendered by the Council of Ministers of Delhi to the Lieutenant Governor or by Council of Ministers in the Central Government to the President.”

Four people, Mukesh Kumar Singh , Pawan Kumar Gupta, Vinay Kumar Sharma, and Akshay Kumar Singh, are facing execution in the infamous Nirbhaya gang-rape and murder case.

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.

 [Vinay Kumar Sharma v. Union of India, 2020 SCC OnLine SC 196, decided on 14.02.2020]

 

Case BriefsSupreme Court (Constitution Benches)

Supreme Court: A 5-judge bench of NV Ramana, Arun Mishra, RF Nariman, R. Banumathi and Ashok Bhushan, JJ has rejected the curative petition filed by Akshay Kumar Singh, one of the four convicts in the 2012 Nirbhaya gang-rape and murder case. While doing so the Court said,

“We have gone through the Curative Petitions and the relevant documents. In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra v. Ashok Hurra, reported in 2002 (4) SCC 388.”

Last month, on 18.12.2019, a 3-judge bench of R Banumathi, Ashok Bhushan and AS Bopanna, JJ had rejected the review petition and had said,

“We do not find any error apparent on the face of the record in the appreciation of evidence or the findings of the judgment dated 05.05.2017. None of the grounds raised in the review petition call for review of the judgment dated 05.05.2017.”

Four people, Mukesh Kumar Singh , Pawan Kumar Gupta, Vinay Kumar Sharma, and Akshay Kumar Singh, are facing execution on February 1 in the matter.

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.

The Court had on May 5, 2017, upheld the death sentence of all the four convicts in the brutal December 16 gangrape and murder case. The Court, while dismissing the appeal of the four convicts, had said that the crime fell in the rarest of rare category and “shaken the conscience of the society.”

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.

[Akshay Kumar Singh v. State of NCT of Delhi, 2020 SCC OnLine SC 108, decided on 30.01.2020]

Case BriefsSupreme Court

Supreme Court: Dismissing the petition filed Nirbhaya gang-rape and murder convict Mukesh Kumar Singh, challenging the rejection of his mercy petition by President Ram Nath Kovind, the 3-judge bench of R Banumathi, AS Bopanna and Ashok Bhushan, JJ said,

“Merely because there was quick consideration and rejection of the petitioner’s mercy petition, it cannot be assumed that the matter was proceeded with pre-determined mind.”

Mukesh Kumar had filed the writ petition against the President’s order rejecting his mercy petition and had sought commutation of the death sentence to life imprisonment on the following grounds:

  • Relevant materials were not placed before the President of India and they were kept out of consideration while considering the mercy petition;
  • The mercy petition was rejected swiftly and there was pre-determined stance and complete non-application of mind in rejection of the mercy petition;
  • Solitary confinement of the petitioner for more than one and half years due to which the petitioner has developed severe psychiatric ailments;
  • Non-consideration of relevant circumstances like prisoners’ suffering in the prison and consideration of extraneous and irrelevant circumstances; and
  • Non-observance of established rules and guidelines in considering the petitioner’s mercy petition.

After hearing the matter at length for the entire day, the bench observed that

“By perusal of the note, we have seen that all the documents were taken into consideration and upon consideration of the relevant records and the facts and circumstances of the surrounding crime, the President has rejected the mercy petition. There is no merit in the contention that the relevant materials were kept out of the consideration of the President.”

The Court further noticed that where the power is vested in a very high authority, it must be presumed that the said authority would act carefully after an objective consideration of all the aspects of the matter.

On the argument relating to Solitary confinement of the prisoner, it was brought to the Court’s notice that for security reasons, the petitioner was kept in one ward having multiple single rooms and barracks and the said single room had iron bars open to air and the same cannot be equated with solitary confinement/single cell. It was further stated that the prisoner/petitioner who was kept in the single room comes out and mixes up with the other inmates in the prison on daily basis like other prisoners as per rules.

On the argument raised by Mukesh Kumar’s counsel that he was physically and sexually assaulted in Tihar jail and put under solitary confinement, the Court said,

“The alleged sufferings in the prison cannot be a ground for judicial review of the executive order passed under Article 72 of the Constitution rejecting the petitioner’s mercy petition.”

The Court concluded by holding that the delay in disposal of mercy petition may be a ground calling for judicial review of the order passed under Article 72/161 of the Constitution, however,

“the quick consideration of the mercy petition and swift rejection of the same cannot be a ground for judicial review of the order passed under Article 72/161 of the Constitution. Nor does it suggest that there was pre-determined mind and non-application of mind.”

Four people, Mukesh Kumar Singh , Pawan Kumar Gupta, Vinay Kumar Sharma, and Akshay Kumar Singh, are facing execution on February 1 in the matter.

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.

[Mukesh Kumar v. Union of India, 2020 SCC OnLine SC 96, decided on 29.01.2020]

Hot Off The PressNews

Supreme Court: After a day long hearing in he petition filed Nirbhaya gang-rape and murder convict Mukesh Kumar Singh, challenging the rejection of his mercy petition by President Ram Nath Kovind, the 3-judge bench of R Banumathi, AS Bopanna and Ashok Bhushan, JJ has said that it will pass the order at 10:30 tomorrow.

Four people, Mukesh Kumar Singh , Pawan Kumar Gupta, Vinay Kumar Sharma, and Akshay Kumar Singh, are facing execution on February 1 in the matter.

Advocate Anjana Prakash, appearing on behalf of Mukesh, alleged that her client was physically and sexually assaulted in Tihar jail and put under solitary confinement.

“He (Mukesh) was forced to have intercourse with Akshay (another death row convict in the case) in Tihar jail,”

The counsel said that the Presidential pardon is a Constitutional duty of great responsibility, which must be exercised keeping in mind greater good of the people.

“Solitary confinement and procedural lapses are the grounds for considering this case … Undue delay in hearing the petition and the due and prescribed procedure was not followed in this case,”

She further contended that the documents were placed before the President of India without application of mind. She said,

“I am not challenging the judicial verdict. The judicial verdict stands as it is. The courts can’t go into as how it was rejected, but the president can certainly go into the merits of the case,”

Solicitor General Tushar Mehta, appearing on behalf of the Delhi government, said that even death convicts have to be treated fairly under Article 21 of the Indian Constitution but opposed the plea of the death row convict.

“Delay can be a ground for considering a case, but expeditious disposal of case/petition (/search?query=petition), it can’t be a ground for challenging this before the court,”

He highlighted that the trial court, Delhi High court, and the Supreme Court had awarded and upheld the death penalty to the convicts in the case while considering their medical condition.

“Sometimes, the medical health and condition of a death row convict deteriorate so much so that the death penalty can’t be awarded to those death row convicts, but in this case, the medical condition of this convict is fine,”

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.

(Source: ANI)

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Supreme Court : A bench headed by CJI SA Bobde has said that it will hear the writ petition filed by one of the death row convicts
in the 2012 Nirbhaya gangrape and murder case tomorrow at 12:30. The death row convict Mukesh Kumar Singh has challenged the rejection of his mercy petition by President of India. CJI had, earlier today, asked Mukesh Kumar’s lawyer to approach Supreme Court Registry for urgent listing of his plea against rejection of mercy petition by the President. He said,

“If somebody is going to be executed on February 1, it’s top priority”

A Delhi court has issued a fresh death warrant against the four death-row convicts in the Nirbhaya rape case, who will be executed on February 1 at 6 am.

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.

Last week, 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.

(Source: ANI)

Case BriefsSupreme Court

Supreme Court: The 3-judge bench of R. Banumathi, Ashok Bhushan and AS Bopanna, JJ has 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. The Court said,

“once a convict has chosen to take the plea of juvenility before the learned Magistrate, High Court and also before the Supreme Court and the said plea has been rejected up to the Supreme Court, the petitioner cannot be allowed to reagitate the plea of juvenility by filing fresh application under Section 7A of the JJ Act.”

Pawan Kumar had  contended that he was a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2000 at the time of commission of the offence and that the same is apparent from the School Leaving Certificate. He claimed that as per his records, his date of birth is 08.10.1996 and therefore, on the date of alleged incident i.e. 16.12.2012, the petitioner was aged only 16 years 02 months and 08 days.

This, however, was not the first time that the petitioner had raised the plea of juvenility. When the matter was pending before the trial court, plea of juvenility was raised by the petitioner at the first instance. The trial court directed the Investigating Officer to file a report regarding the documents he has relied upon to determine the age of the accused. Upon consideration of the report of the Investigating Officer, the Metropolitan Magistrate had held that the age verification report of the petitioner Pawan Kumar Gupta was received and that the accused did not dispute the age verification report filed by the Investigating Officer and further, he did not dispute the age to be above 18 years at the time of commission of the offence.

He had also raised the plea of juvenility in the review petition before the Supreme Court which was also rejected by the Court vide order dated 09.07.2018. The Court, hence, noticed.

“Considering the earlier orders passed by the Metropolitan Magistrate dated 10.01.2013 and the judgment of the High Court dated 13.03.2014 and the order passed by the Supreme Court dated 09.07.2018, in our view, the learned Single Judge of the Delhi High Court rightly dismissed the revision petition.”

This rejection of SLP and earlier review and curative petitions has brought the death row convicts one more step closer to hanging that is scheduled to take place on February 1, 2020 after a Delhi Court issued fresh death warrants against all 4 convicts. Earlier the hanging was scheduled to take place tomorrow i.e. on January 22, 2020.

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.

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.

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.

[Pawan Kumar Gupta v. State of NCT of Delhi, 2020 SCC OnLine SC 48, decided on 20.01.2020]

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Supreme Court: In a last ditch effort to escape the noose, Vinay Kumar Sharma, one of the four men sentenced to death in the Nirbhaya gang rape and murder case, has filed a curative petition in the Supreme Court on Thursday after a Delhi Court issued death warrants against all 4 convicts and directed that they be hanged on January 22 at 7 am in Tihar jail.

In his curative plea, which is the last legal remedy available to a convict, Vinay said his young age has been erroneously rejected as a mitigating circumstance.

“The petitioner’s socio-economic circumstances, number of family dependants including ailing parents, good conduct in jail and probability of reformation have not been adequately considered leading to gross miscarriage of justice,”

It said the court’s judgment has relied on factors such as “collective conscience of society” and “public opinion” in deciding the sentence to be imposed on him and others.

“The impugned judgment is bad in law as subsequent judgments of apex court have definitely changed the law on death sentence in India allowing several convicts similarly placed as him to have their death sentence commuted to life imprisonment,”

It further said that after pronouncement of the Nirbhaya judgment in 2017 there have been as many as 17 cases involving rape and murder in which various three-judge benches of the Supreme Court have commuted the death sentence.

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.

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.

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.

(Source: PTI)

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Supreme Court: The Bench of Ranjan Gogoi, CJ and Sanjiv Khanna, J allowed the NGO Naz Foundation to withdraw its curative plea challenging the 2013 Supreme Court verdict that had again criminalised gay sex between two consenting adults. The Foundation had told the Court that the curative plea has now become infructuous in view of the five-judge constitution bench verdict in 2018 which had set aside the 2013 judgement.

After the 2013 verdict, the Supreme Court had dismissed the review plea that had laid the foundation to file the curative petition. However, a five-judge constitution bench headed by then Chief Justice Dipak Misra entertained fresh petitions seeking decriminalising of the consensual gay sex. It had on September 6 last year unanimously struck down part of the British-era law and held that Section 377 of the Indian Penal Code that criminalised consensual gay sex was “irrational, indefensible and manifestly arbitrary”. The bench said:

One defines oneself. That is the glorious form of individuality.”

Drawing an analogy, the Court had held that if consensual carnal intercourse between a heterosexual couple does not amount to rape, it definitely should not be designated as an unnatural offence under Section 377 IPC. The expression against the order of nature has nowhere been defined. The non-consensual acts which have been criminalised by the section, have already been designated as penal offences under Section 375 and POCSO Act. If the section remains on the statute book in its present form, it will allow harassment and exploitation of LGBT community to prevail.

(With inputs from PTI)