Nirbhaya case: Supreme Court to hear Centre's plea to execute convicts separately

In the 2012 Nirbhaya gang-rape and murder case, the Supreme Court will hear a petition, filed by the Ministry of Home Affairs (MHA), seeking a direction to execute the death row convicts separately.

New Delhi: In the 2012 Nirbhaya gang-rape and murder case, the Supreme Court on Tuesday (February 25) will hear a petition, filed by the Ministry of Home Affairs (MHA), seeking a direction to execute the death row convicts separately. A three-judge bench, comprising Justice R Banumathi and Justice Ashok Bhushan and Navin Sinha, will hear the petition.

The Centre had moved the top court as the Delhi High Court had on February 5 had rejected its petition saying that the death warrant of all convicts in the case should be executed together.

Further, the High Court had observed that prison rules of Delhi do not state whether when the mercy petition of one convict is pending, the execution of the other convicts can take place, adding that from the trial court to Supreme Court all convicts have been held by a common order and a common judgment.

On Saturday, a Delhi court dismissed the application of Vinay Sharma, one of the four death row convicts in the Nirbhaya case, seeking medical treatment for his claimed "grievous head injury, fracture in his right arm, insanity, mental illness and schizophrenia".

Meanwhile, a fresh death warrant has been issued for the four death row convicts -- Vinay Sharma, Akshay Thakur, Pawan Gupta, and Mukesh Singh -- in the Nirbhaya case for their hanging at 6 am on March 3.

Vinay's lawyer, AP Singh, had earlier argued that the convict was kept in illegal confinement and "illegally tortured" in Tihar Jail. He also claimed that there has been a history of physical assaults on Vinay, who "had been sent for psychiatric treatment on many occasions. 

Singh had said, "Vinay should have been treated with proper medical treatment for his poor mental health. He was provided complete medical treatment for his mental illness," adding "non-application" of mind by President of India is one ground for commutation of death sentence to life imprisonment.