Sunday, November 27, 2022

Justice delayed but justice prevailed

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After having numerous hearing before various Courts, the convicts of the infamous Nirbhaya gang rape case were executed by hanging after the refusal of the Apex Court to put a stay on the death warrants issued against the convicts.  The news of hanging of Nibhaya’s convicts was lauded everywhere in country amidst the outbreak of COVID-19. The convicts moved to Delhi High Court challenging the decision of Patiala House Court on Thursday evening wherein the hearing was held late night. The Supreme Court also sat after midnight to hear appeals of the convicts to stay their execution in the early hours of Friday morning.

The legal battle which was fought for almost 7 long years finally came to an end when the convicts were hanged in 5.30AM Tihar jail. The people’s confidence in the Indian Judiciary and legal process got restored, which is already very much shaken due to inherent problems of long delay. Nirbhaya’s mother said that her daughter finally got justice and her soul will now rest in peace. People across country hailed the decision of hanging and said that a strong message has been sent to those who wish to commit such horrors on the other half of the population.

The lawyer for the convicts used the garb of pending petitions as a ground to ask for stay on the death sentence under Rule 836 and 838 of the Delhi Prison Rules contending that during pendency of any appeal or application, death sentence cannot be carried into effect against any death row convicts. He also said that an adjournment on the proceedings and stay on the death sentence should be given considering the current situation due to the outbreak of COVID-19.

The Supreme Court in the early hours of Friday morning refused to grant any remedy just prior to few hours before execution and said that every aspect was considered by the Courts as well as by the President of India, only then the punishment was awarded to the convicts and now they are supposed to accept their fate.

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