One of the death convicts in Nirbhaya gang rape and murder case, Pawan Gupta had filed a curative petition seeking its direction to commute his death sentence to life imprisonment

New Delhi: One of death row convicts in Nirbhaya case, Pawan Gupta, has moved the Supreme Court on Sunday seeking a direction that his curative petition should be heard in an open court as the matter is related to the death penalty, said AP Singh, convict's lawyer.

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"The apex court had on Saturday fixed the curative petition for a hearing on Monday at 10.25 am in a chamber by a five-judge bench, headed by Justice N V Ramana. Pawan had filed the curative petition before the top court on Friday, seeking its direction to commute his death sentence to life imprisonment," said Singh. 

The five-judge Constitution bench headed by Justice NV Ramana will also consist of Justice Arun Mishra, Justice RF Nariman, Justice R Banumathi and Justice Ashok Bhushan.

Gupta had on Friday filed a curative petition before the apex court seeking commutation of his death sentence to life imprisonment. He is the fourth convict in the case to file a curative petition. The Supreme Court has already rejected the curative petitions of the rest three.

This comes as a fresh death warrant has been issued for the four convicts Vinay Sharma, Akshay Thakur, Pawan Gupta and Mukesh Singh, which orders their hanging at 6 am on March 3 at Delhi's Tihar Jail.

Meanwhile, the apex court has also slated for March 5 the hearing on a petition filed by the Union ministry of home affairs (MHA), seeking directions to separately execute the convicts.

The case pertains to the brutal gang rape and killing of a 23-year-old paramedical student in a moving bus on the night of December 16, 2012, by six people including a juvenile in Delhi. The woman had died at a Singapore hospital a few days later.