Source:- outlookindia.com<\/p>\n\n\n\n
The Centre on Februrary 1 moved the Delhi High Court for immediate \nexecution of the death convicts in the Nirbhaya gang-rape and murder \ncase. It argued that individual hangings were possible.<\/p>\n\n\n\n
Presently, all four convicts have been delaying their executions by \ntaking advantage of the death law. The court has scheduled the hearing \nat 3 PM on February 2.<\/p>\n\n\n\n
Legal experts say the Centre’s move might benefit the government politically but legally it is meaningless.<\/p>\n\n\n\n
What\u2019s the issue before the Delhi High Court?<\/strong><\/p>\n\n\n\n The two big hurdles in the immediate hanging of the four death convicts are:<\/p>\n\n\n\n 1) The 2014 Supreme Court judgement<\/p>\n\n\n\n 2) The Delhi Jail Manual of 2018.<\/p>\n\n\n\n The SC, in 2014, also incorporated in the jail manuals across the \ncountry, held that a death convict must get 14-day time after his mercy \npetition is rejected by the President of India.<\/p>\n\n\n\n The Delhi Jail Manual 2018 says if there is more than one death convict, they cannot be hanged separately.<\/p>\n\n\n\n Taking advantage of these two provisions, the four death convicts are\n filing mercy petition one after another thereby delaying the hanging.<\/p>\n\n\n\n Knowing the Delhi High Court cannot amend the SC order of 14-day relief, the Centre has demanded individual hangings be allowed.<\/p>\n\n\n\n Solicitor General, Tushar Mehta, arguing the matter for the Centre, \nsaid the Delhi Jail Manual 2018, if interpreted correctly, allows \nseparate hanging at a stage where only mercy petition is to be decided.<\/p>\n\n\n\n Going by Centre\u2019s argument, one of the four convicts, Mukesh, should \nbe hanged as his mercy petition has been rejected by the President and \nhe has also completed 14-day relief granted by the SC judgement.<\/p>\n\n\n\n What the experts say about separate hanging<\/strong><\/p>\n\n\n\n \u201cThe separate hanging should not be allowed. Let\u2019s presume you hang \none convict and in between some new facts or evidence emerge making it \nmandatory to examine, can you bring back the person who has already been\n hanged?\u201d Sunil Gupta, former law officer, Tihar Jail questions.<\/p>\n\n\n\n Agrees DK Garg, an SC lawyer, \u201cIf one, two or three are hanged, and \nif the court commutes the death sentence of the fourth death convict \ninto life out of any legal proceedings initiated by him, those who are \nhanged will be deprived of the benefits given to the surviving convict.\u201d<\/p>\n\n\n\n He adds, \u201cSince the life can be taken away but it cannot be restored,\n hence, death convicts of a similar crime should be executed \nsimultaneously.\u201d<\/p>\n\n\n\n Garg says there are instances where few persons involved in the same \ncase were hanged but subsequently surviving person was either acquitted \nor his sentence commuted to life.<\/p>\n\n\n\n \u201cI don\u2019t think the Delhi High Court can direct the Delhi government \nto amend the Delhi Jail Manual,\u201d Vikas Singh, senior SC lawyer, says.<\/p>\n\n\n\n What does convicts\u2019 lawyer say?<\/strong><\/p>\n\n\n\n AP Singh, the lawyer for the death row convicts, has strongly opposed the Centre\u2019s petition.<\/p>\n\n\n\n \u201cThe Centre is trying to gain political benefits in the forthcoming \nDelhi election by creating an impression that it is doing its best to \nexpedite the hanging,\u201d Singh says.<\/p>\n\n\n\n He argues that the SC judgements and the Home Ministry guidelines \nclearly establish that individual hanging in the same case cannot \nhappen.\u201d<\/p>\n\n\n\n \u201cI have seen courts working on odd days or odd hours to stop hanging \nof death convicts, but it is unprecedented that the court is working on \nan off day for expediting the hanging,\u201d Singh says.<\/p>\n