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Nirbhaya rapist’s plea for Supreme Court review turned down

Court gives 7 days to Nirbhaya convict to file mercy petition.

New Delhi: The Supreme Court on Wednesday rejected a plea by Akshay Kumar Singh, an accused in the December 2012 Delhi gang rape and murder case, to reconsider its 2017 verdict upholding the death sentence awarded to him and three others.

Rejecting the plea seeking a review of its May 5, 2017, judgment, a bench comprising Justice R. Banumathi, Justice Ashok Bhushan and Justice A.S. Bopanna said that no new grounds have been raised by the petitioner for reconsideration.

Pronouncing the judgment, Justice Banumathi said that all the contentions in the petition are what was argued before the court in the course of the hearing of the appeals by the four convicts against the High Court judgment and were also raised by the other three accused — Mukesh, Pawan, Vinay Sharma — in their plea for reconsideration of death sentence.

The court gave Akshay Kumar Singh seven days’ time, as permitted, to file mercy petition before the President. Lawyer A.P. Singh, appearing for the convict, had sought three weeks’ time to file a mercy petition, but solicitor-general Tushar Mehta told the court that the permissible time for filing a mercy petition was seven days.

Solicitor General Tushar Mehta, appearing for Delhi government, told the court that there are some crimes for which “humanity cries” and the Nirbhaya case was one of them.

“There are some crimes for which humanity cries. On that fateful day, God also must have held his head in shame for two reasons. First for not being able to save the innocent girl and second for having created these five monsters,” Mr Mehta said.

On July 9 last year, the court had rejected review petitions of the other convicts in the case.

A top court bench comprising Justice Dipak Misra, Justice R. Banumathi and Justice Ashok Bhushan by their May 5, 2017, judgment had upheld the death sentence awarded to Mukesh, Pawan, Vinay Sharma, Akshay Singh by the trial court and reaffirmed by Delhi High Court.

Rejecting the plea, the court had said petitions seeking reconsideration of the May 5, 2017, verdict must show an error resulting in miscarriage of justice.

“In these review petitions no ground has been made out which may furnish any ground to review the judgment. We, thus, find no merit in these review petitions and consequently, the review petitions are dismissed”, said the July 9, 2018, judgment.

Meanwhile, DCW chief Swati Maliwal, who sat on a hunger strike demanding death sentence for rape convicts, on Wednesday slammed the “hollowness of the system that gives every right to the criminal”, as a city court adjourned hearing on a plea seeking the issuance of death warrants against the four convicts in the case.

“A mother has been wandering from pillar to post for the past seven years seeking justice. It is the hollowness of the system that gives every right to the criminal but fails to understand the pain of that mother! Once again, the court gave a date instead of justice! #Nirbhaya,” Maliwal posted on Twitter.

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