SC reaffirms death to Nirbhaya rapists, dismisses pleas for lifer

Source: The Hitavada      Date: 10 Jul 2018 08:20:53


 

NEW DELHI,

 

The apex court said the death row convicts failed to point out “error apparent on the face of record” in the judgement


THE convicts in the sensational December 16, 2012 Nirbhaya gangrape and murder case now face the gallows, after the Supreme Court on Monday held that they have failed to make out a case for grant of any relief from the death sentence.


A bench headed by Chief Justice Dipak Misra dismissed the review petitions filed by three of the four convicts Mukesh (31), Pawan Gupta (24) and Vinay Sharma (25), saying no ground has been made out by them for a review of the top court verdict of May 5 last year. The bench, also comprising Justices R Banumathi and Ashok Bhushan, said these convicts have failed to point out any “error apparent on the face of record” in the judgement and they were given elaborate hearing during their appeal against the Delhi High Court judgement.


“In these review petitions, no ground has been made out which may furnish any ground to review the judgement. We, thus, find no merit in these review petitions and consequently, the review petitions are dismissed,” the bench said. The Supreme Court said that the abolition of death penalty by the British Parliament, several Latin American nations and Australian states was no ground
to erase capital punishment from the statutes in India.


A bench of Chief Justice Dipak Misra and Justices R Banumathi and Ashok Bhushan referred to a constitution bench verdict of the apex court and observed that after elaborately considering the existence of death penalty in the penal code, constitutional provisions and international covenant on civil and criminalrights, it was held that death penalty was “constitutionally valid”.


The fourth death row convict, Akshay Kumar Singh (33), has not yet filed a review petition against the apex court judgement. One of the accused in the case, Ram Singh, had allegedly committed suicide in the Tihar Jail here on March 11, 2013. However, in a statement, human rights body Amnesty International India said that executions do not eradicate violence against women and Government must allocate adequate resources for effective implementation of laws, improve conviction rates and ensure certainty of justice in all cases. “Unfortunately executions do not eradicate violence against women. There is no evidence to show that death penalty acts as a deterrent for sexual violence or any other crime. Instead, the Government must allocate adequate resources for the effective implementation of laws, improve conviction rates and ensure certainty of justice in all cases,” Asmita Basu, Amnesty International India’s Programmes director, said.