Nirbhaya: SC Asks Tihar Jail To File Report On Conduct Of Four Death Row Convicts
By Team Legistify / 2017-03-08

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The Supreme Court which is re-examining and re-assesing the capital punishment awarded by the trial court and upheld by the Delhi High Court to the four convicts in the sensational Nirbhaya case today sought a report from the Tihar jail superintendent on their conduct of -Mukesh (24), Pawan (20), Vinay (22) and Akshay (29).As per the direction of the Supreme Court the lawyers for accused filed affidavits on their behalf listing the “mitigating circumstances which should go in their favour”. Lawyer A P Singh filed the affidavits on behalf of three accused Pawan Kumar Gupta, Vinay Sharma and Akshay Kumar Singh while M.L. Sharma filed the affidavit on behalf of Mukesh.

After going through the affidavits, Amicus Curiae Raju Ramachandran said the affidavit filed by Mukesh does not cover many aspects, namely, socio-economic background, criminal antecedents, family particulars, personal habits, education, vocational skills, physical health and his conduct in the prison.  M L Sharma submitted that a report was asked for from the Superintendent of Jail with regard to the conduct of the accused persons while they are in custody, but the same has not directly been filed by the Superintendent of Jail.

On this the bench headed by Justice Dipak Misra observed: “In our considered opinion, the Superintendent of Jail should have filed the report with regard to the conduct of the accused persons since they are in custody for almost four years. That would have thrown light on their conduct. Let the report with regard to their conduct be filed by the Superintendent of Jail in a sealed cover in the Court on the next date of hearing. As far as the affidavit filed by Mukesh is concerned, Mr. Sharma, learned counsel stated that he will keep the aspects which are required to be highlighted in mind and file a further affidavit within a week hence. The direction issued on the earlier occasion with regard to the visit of jail by the learned counsel for the parties shall 4 remain in force till the next date of hearing. Let the matter be listed at 2.00 p.m. on 20.3.2017. The report of the Superintendent of Jail, as directed hereinabove, shall be filed in Court on that date”.

BACKGROUND

In a surprising and sudden move, the apex court on February three gave some hope to the four death row convicts in the sensational Nirbhaya case saying it would re-examine and re-assess the capital punishment awarded to them by the trial court which was upheld by the Delhi High Court.

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