Nirbhaya case: Delhi HC dismisses plea of Mukesh claiming he was not in Delhi at time of crime

The HC said if Mukesh was tortured in jail, he had ample opportunities to raise the issue, especially when he met his relatives and this argument was being taken at this stage "only to delay the proceedings".

New Delhi: The plea of Nirbhaya case convict Mukesh Singh was dismissed by Delhi High Court on Wednesday (March 18) saying there were no grounds to interfere in the "detailed and reasoned" order of the trial court. Mukesh has challenged a trial court order that rejected his claim that he was not in the national capital when the crime was committed on December 16, 2012.

Dismissing the petition, Justice Brijesh Sethi said that the various grounds, like Ram Singh, could not have driven the bus in which the offence was committed as he was disabled and that Mukesh was tortured in jail, taken in the plea were "frivolous" and the intention was to delay the execution.

The high court also said if Mukesh was tortured in jail, he had ample opportunities to raise the issue, especially when he met his relatives and this argument was being taken at this stage "only to delay the proceedings".

The HC said, "These points ought to have been taken at the appropriate stage and at this belated stage, the argument has only been raised with an intention to delay the execution of the sentence," adding "There is, thus, no infirmity, illegality or irregularity in the order passed by the trial court." 

The court also said there was nothing on record to suggest that the trial in the case stood vitiated due to the concealment of any material evidence.

The convicts today also moved Delhi Court seeking a stay on the sentence of the death penalty on the grounds of pendency of various legal applications, appeals, and second mercy plea. The court will hear on Thursday plea seeking a stay on the execution of the death penalty of the convicts. 

Notably, Akshay on Tuesday had filed a second mercy petition to Tihar Jail authorities, addressed to the President of India. This will also be forwarded to the Ministry of Home Affairs (MHA) through Delhi government, Tihar Jail official reportedly stated

Earlier on March 5, a trial court had issued fresh warrants for hanging on March 20 at 5.30 am of all convicts in the case -- Mukesh (32), Pawan Gupta (25), Vinay Sharma (26) and Akshay Singh (31).