Nirbhaya case: SC dismisses curative petition of death row convict Pawan Gupta


File photo - Supreme Court of India

File photo – Supreme Court of India

The Supreme Court on Monday dismissed the curative petition filed by Pawan Gupta, one of the four death row convicts in the 2012 Nirbhaya gangrape and murder case.

A five-judge bench headed by Justice NV Ramana, which considered the curative plea in-chamber, also rejected Pawan’s application seeking a stay on the execution of death sentence which is scheduled for Tuesday.

“The application for an oral hearing is rejected. The application for stay of execution of the death sentence is also rejected. The curative petition is dismissed…,” the bench, also comprising of Justices Arun Mishra, RF Nariman, R Banumathi and Ashok Bhushan, said.

In his curative plea, Pawan had sought commutation of his death penalty to life imprisonment.

He had also sought a stay on the execution of a black warrant issued by the trial court for the hanging.

The trial court had on February 17 issued fresh date for execution of death warrants for Tuesday at 6 am for the four convicts — Mukesh Kumar Singh (32), Pawan Gupta (25), Vinay Kumar Sharma (26) and Akshay Kumar (31) — in the case.

The mercy petitions of the three convicts — Mukesh, Vinay and Akshay — have already been dismissed by the President.

The apex court had earlier dismissed separate pleas filed by Mukesh and Vinay challenging the rejection of their mercy petitions by the President.

While Akshay has not yet challenged the rejection of his mercy petition, Pawan has not yet filed a mercy plea before the President.

On December 16, 2012, a 23-year-old physiotherapy intern, who came to be known as ”Nirbhaya” (fearless), was gang-raped and savagely assaulted in a moving bus in South Delhi. She died after a fortnight.

Six people, including the four convicts and a juvenile, were named as accused. Ram Singh, the sixth accused, allegedly committed suicide in Tihar jail days after the trial began in the case.

The juvenile was released in 2015 after spending three years in a correctional home.