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They are using delay tactics to avoid execution, says Nirbhaya's lawyer

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Published : Jan 20, 2020, 8:52 AM IST

Updated : Jan 20, 2020, 6:35 PM IST

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17:27 January 20

Nirbhaya's lawyer Seema Kushwaha talking to media

Nirbhaya's lawyer Seema Kushwaha said, "They are making use of the loopholes of the law and delaying the execution of the convicts. Although, their delay-tactics are failing one by one."

16:52 January 20

Nirbhaya Convict's Lawyer AP Singh talking to Media

"After going through the Special Leave Petition, I will avail all legal processes available to prove my client's juvenility. We have already submitted all the required documents and those documents have been verified by Delhi Police as well," said Nirbhaya Convict's Lawyer, AP Singh.

"All the arguments are in our favour but due to media trial, public pressure and political pressure our arguments are being set aside," added Singh.

15:49 January 20

2012 Delhi gang rape victim's mother said, "Their tactic to delay hanging has been rejected. I'll be satisfied only when they're hanged on Feb 1. Just like they're delaying it one after other, they must be hanged one by one so that they understand what it means to toy with law."

15:15 January 20

SC dismisses Nirbhaya convict's juvenility claim

The Supreme Court has rejected the plea of a death row convict in the Nirbhaya gang rape and murder case challenging the Delhi High Court order, which had dismissed his claim of being a juvenile at the time of the offence.

A bench comprising Justices R Banumathi, Ashok Bushan and A S Bopanna dismissed the plea of convict Pawan Kumar Gupta and upheld the Delhi High Court verdict.

13:55 January 20

SC to pronounce verdict at 2:30 pm

The Supreme Court bench has reserved its order, and will pronounce the verdict at 2:30 pm today.

13:20 January 20

Juvenile claim not taken initially: SC

The bench said the claim of being a juvenile was not taken initially during trial in the Nirbhaya case. However, Gupta's lawyer contended that it was taken as a 'mitigating circumstance' at the time of sentencing in the case.

13:12 January 20

Convict was minor at time of offence, argues counsel 

AP Singh, lawyer for Pawan K Gupta, starts arguing before the three-judge bench. 

"On July 9, 2018, your petition was dismissed by this court , but now how come you are coming with some new information, how this will be maintainable?" Justice Ashok Bhushan asked.

Convict Pawan Gupta was minor at time of commission of offence, and the High Court dismissed plea wrongly, the convict's counsel argued. 

07:51 January 20

SC rejects Nirbhaya convict's plea over juvenility claim

New Delhi: The Supreme Court will hear on Monday a plea of a death row convict in the Nirbhaya gangrape and murder case against a Delhi High Court order dismissing his claim of being a juvenile at the time of commission of the offence.

A bench of Justices R Banumathi, Ashok Bushan and A S Bopanna will hear the plea of Pawan Kumar Gupta.

Gupta moved the apex court on Friday challenging the high court's order dismissing his claim of being a juvenile in December 2012.

Besides, the convict has sought a direction restraining the authorities from executing the death penalty, which has been scheduled for February 1.

He has challenged the high court's December 19 order by which it also deprecated the conduct of his advocate for filing forged documents and not appearing in the court.

A Delhi court on Friday issued fresh death warrants for February 1 against the four convicts -- Vinay Sharma (26), Mukesh Kumar (32), Akshay Kumar Singh (31) and Pawan (25) -- in the case.

Earlier in the day, President Ram Nath Kovind rejected the mercy petition of Mukesh. The other three condemned convicts have not yet availed of the constitutional remedy of filing the mercy petitions.

Read: AAP govt 'trying to save' Nirbhaya case convicts, alleges BJP

The apex court had on January 14 dismissed the curative petitions of Vinay and Mukesh against their conviction and capital punishment.

The two other convicts -- Akshay and Pawan -- have not yet filed curative petitions in the top court.

In his appeal filed through advocate A P Singh, Pawan has claimed that he was a juvenile at the time of the commission of offence on December 16, 2012.

While dismissing his plea, the high court had noted that Pawan had earlier raised the juvenility claim in his review petition against the death penalty awarded to him in the case before the apex court which had dismissed his plea on July 9 last year.

In his plea before the high court, he had claimed that as per his school certificate his date of birth was October 8, 1996.

Pawan had earlier moved a trial court with a plea claiming to be juvenile at the time of the offence and it was dismissed on December 21 last year.

A 23-year-old paramedic student, referred to as Nirbhaya, was gangraped and brutally assaulted on the intervening night of December 16-17, 2012 in a moving bus in south Delhi by six persons before she was thrown out on the road.

She died on December 29, 2012 at a hospital in Singapore.

One of the six accused in the case, Ram Singh, allegedly committed suicide in the Tihar Jail here.

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.

The top court in its 2017 verdict had upheld the capital punishment awarded to them by the Delhi High Court and the trial court.

Read: Advocate Indira Jaising urges Nirbhaya's mother to follow Sonia Gandhi's example, forgive convicts

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https://twitter.com/ANI/status/1219055864306233344


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Last Updated :Jan 20, 2020, 6:35 PM IST
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