Supreme Court dismisses the curative petition filed by Nirbhaya convict Akshay

The Supreme Court on January 30, 2019, rejected the curative plea filed by Akshay, one of the four death row convicts in the 2012 Nirbhaya Gang Rape and Murder case. A five-judge bench of Supreme Court consisted of Justice N.V. Ramanna, Justice Ashok Bhushan, Justice Arun Mishra, Justice R.F. Nariman and Justice R Bhanumathi dismissed the plea. The bench considered the petition behind the closed doors of the Court for them.

Curative Petition is generally the final judicial option available to a convict. Akshay Singh now only has the option of seeking mercy from the President. Akshay Singh and other convicts of Nirbhaya Rape and murder Case are currently jailed in Delhi’s Tihar Jail.

Of the three other convicts in the case, Mukesh Singh has no remedies left to prevent the death penalty. Vinay Sharma’s Petition was also dismissed by the Apex Court and as of now, his mercy petition is pending before the President. Pawan Gupta has all his remedies available as of now.

According to the law, none of the four convicts can be hanged until and unless all the legal remedies have been exhausted. This makes it unlikely that they will be hanged on the decided date of February 1, as per the orders of Delhi High Court.   

Tushita Maheshwari

Undergraduate law student at RGNUL Patiala, Punjab.
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