Will Nirbhaya’s killers hang tomorrow? Unlikely

New Delhi, Mar 02: A five judge Bench of the Supreme Court has rejected the curative plea filed by Pavan Gupta, one of the convicts in the Nirbhaya case. The hanging as per the death warrant issued by the Delhi court is scheduled for tomorrow.

However, it is unlikely that the hanging may take place as another convict Akshay Singh has filed a second mercy petition. Moreover, another plea seeking a stay on the hanging has been moved by Akshay and Pavan before the trial court. Further the Supreme Court is also set to deliver its verdict on a plea by the Centre to hang the convicts separately. Legal experts are of the view that if these issues are pending, the hanging is unlikely to take place on March 3.

In the plea before the trial court, Singh has said that he has filed a fresh mercy plea before the President and the same is pending. Hence the hanging cannot take place until the President decides on the issue. Gupta on the other hand had said that he has filed a curative plea. However that plea would become infructuous in the wake of the SC dismissing the curative petition, earlier today.

Gupta on the other hand has not filed a mercy petition. He has the option of filing a mercy petition now and again challenge it in the Supreme Court in the form of a curative petition. The trial court on the other hand has sought a report from the authorities today.

If this time the hanging is put off, then it would be the fourth time that it would be postponed. The first date was set for January 22. The next date was fixed for February 1 and then another date was set for March 3. If it is put off again, then the trial court would need to issue a fresh death warrant.