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Nirbhaya case: SC dismisses Mukesh’s petition, while another convict Akshay files curative petition

The top court dismissed one of the four convicts Mukesh Singh’s petition challenging President’s mercy plea rejection. Another convict Akshay Singh has now challenged his execution using the last legal resort, the curative petition. 

Nirbhaya case: SC dismisses Mukesh's petition, while another convict Akshay files curative petition
New Delhi, First Published Jan 29, 2020, 12:22 PM IST
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New Delhi: The Supreme Court on Wednesday dismissed the petition filed by Nirbhaya gang rape and murder convict Mukesh Kumar Singh challenging the rejection of his mercy petition by President Ram Nath Kovind.

Supreme Court's three-judge bench headed by Justice R Banumathi and comprising Justices Ashok Bhushan and A S Bopanna dismissed the plea of Mukesh. Hearing the plea, the bench said that the allegation made by the convict that he was tortured inside the prison can't be a ground to review the President's order.

"Quick consideration can't mean no application of mind," the apex court said since the matter was listed for urgent hearing as the convict is facing execution on February 1.

Meanwhile, another convict Akshay Singh has challenged his execution using the last legal resort in the Supreme Court known as the curative petition. 

According to reports, last month, the Supreme Court had rejected Akshay Singh's petition seeking a review of his death sentence after he filed a plea making bizarre claims, including citing Hindu religious texts and the Delhi pollution crisis as reasons why the hanging should not be carried out.

The curative petition is expected to be heard by judges in their chambers and not in an open court. If the curative petition is rejected, Akshay Singh will have the option to send a mercy plea to President Ram Nath Kovind. 

Akshay Singh, 31, is the third convict to challenge his hanging with the method in a case that has been criticised for its duration and his petition makes his hanging over the weekend unlikely.

Mukesh Singh and Vinay Sharma's curative petitions have already been rejected.

Last-minute petitions by the convicts have been widely seen as desperate attempts to stall their hanging. The delay has been criticised by many including parents of the woman who was raped and left to die.

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