High Court backs death warrant against Nirbhaya case convicts; Delhi govt says cannot be hanged on Jan 22 due to pending plea

Delhi High Court today refused to set aside the trial court order which issued death warrant to Nirbhaya case convicts.

The court asked convict Mukesh's counsel to approach the trial court and apprise the court about the pending mercy plea.

Also Read: Tihar Jail to conduct dummy execution of Nirbhaya convicts before January 22

The government in its arguement had said they cannot be hanged on January 22 since mercy petition filed by Mukesh Singh was pending and that it was bound by law to wait before moving ahead with the death warrant. 

"It can only take place 14 days after the mercy plea is rejected as we are bound by the rule which says that a notice of 14 days must be provided to the convicts after the rejection of mercy plea," advocate Rahul Mehra appearing for Tihar Jail authorities, said.

He further stated that fate of a death convict comes to finality only after his mercy plea is rejected by the President.

Supreme Court on Tuesday had dismissed curative petitions of the two convicts - Vinay Sharma and Mukesh Singh, who had appealed the death sentence.

Asha Devi, the mother of the deceased gangrape victim told ANI: "Either lawyers of the convicts are trying to delay execution or our system is blind & is supporting criminals."

"I'm struggling for the last seven years. Instead of asking me, you should ask the government if convicts will be hanged on Jan 22 or not," she said.  

A Delhi court had had earlier issued a death warrant against the four convicts - Vinay Sharma, Mukesh Singh, Pawan and Akshay.

They are scheduled to be executed on January 22 in Delhi's Tihar jail. 

They were convicted of raping a 23-year-old woman in a bus in Delhi in December 2012.