Nirbhaya`s mother Asha Devi breaks down, says `losing faith in court and legal procedures`

Nirbhaya's mother Asha Devi on Wednesday broke down outside a trial court premises in the national capital while protesting over the delay in the hanging of the four convicts in the gangrape and murder case of her daughter. This happened after the Patiala House Court offered Pawan Gupta, one of the convicts, legal aide saying that a condemned convict is entitled to it till his last breath.

The parents of Nirbhaya and the Delhi government had moved the court on February 11 seeking fresh death warrants for the four convicts after the Supreme Court granted liberty to the authorities to approach the trial court for issuance of fresh date for the execution of these convicts.

A weeping Asha Devi stated that she has been patiently fighting for the last eight years but she is losing faith in court and its legal procedures. "I am losing faith and hope now. The court must understand the delay tactics of the convicts. Now if a new lawyer is provided to convict Pawan he/she will take his/her own time to go through case files," stated Nirbhaya's mother.

She also said, "The judge does not want to fix a date for hanging the convicts and is supporting them. I appeal to the Supreme Court to issue the death warrant as the Patiala House Court is in no mood to issue a fresh death warrant."

Wiping her tears, she further said, "I am wandering here and there to get justice for my daughter. These convicts are using delaying tactics. I don't know why the Court is not able to understand this."

Earlier, crying inside the court premises, she said, "What about my rights? I am standing with folded hands. Please issue the death warrant. I am also a human being. It’s been more than seven years." Replying to her the judge said, "You have rights that's why we are listening to you."

The advocate for Nirbhaya's parents said, "All delay tactics are being used. Pawan Gupta has not filed curative and mercy petitions. The Delhi High Court's order had directed them to exhaust remedies if available in seven days but that time has lapsed. Now they can't say that they want remedies."

Additional Session Judge Dharmender Rana expressed displeasure over delay from Pawan's side who said he has removed his earlier lawyer and will need time to engage a new one. District Legal Services Authority (DLSA) provided Pawan's father with a list of its empanelled advocates to chose from.

The date of execution, first fixed for January 22 in Tihar jail, was postponed for 6 am on February 1 by a January 17 court order. The trial court later, on January 31 stayed, "till further orders" the execution of the four convicts in the case, who are lodged in Tihar Jail.

The Tihar jail authorities had filed a status report on Tuesday before the trial court stating that no legal option was preferred by any convicts -- Mukesh Kumar Singh (32), Pawan Gupta (25), Vinay Kumar Sharma (26) and Akshay Kumar (31) -- in last seven-day period, granted by the Delhi High Court.