Vinay Sharma – India Legal https://www.indialegallive.com Your legal news destination! Fri, 13 Mar 2020 10:55:46 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.4 https://d2r2ijn7njrktv.cloudfront.net/IL/uploads/2020/12/16123527/cropped-IL_Logo-1-32x32.jpg Vinay Sharma – India Legal https://www.indialegallive.com 32 32 183211854 Nirbhaya convict Vinay Sharma resorts to delay tactics again https://www.indialegallive.com/top-news-of-the-day/news/nirbhaya-convict-vinay-sharma-resorts-delay-tactics/ Fri, 13 Mar 2020 10:55:43 +0000 https://www.indialegallive.com/?p=92330 Delhi High CourtVinay Sharma one of the convicts in the 2012 Delhi gang rape case has filed a petition in the Delhi High Court stating that there were errors made while rejecting the mercy petition filed by him. His latest petition filed on Friday says that the mercy petition was recommended for rejection to the President Ram […]]]> Delhi High Court

Vinay Sharma one of the convicts in the 2012 Delhi gang rape case has filed a petition in the Delhi High Court stating that there were errors made while rejecting the mercy petition filed by him.

His latest petition filed on Friday says that the mercy petition was recommended for rejection to the President Ram Nath Kovind without the signature of the Home Minister, NCT of Delhi. The President of India still rejected the mercy petition on 1st February 2020.

Also the petition claims that the Model Code of Conduct was in operation when the mercy petition was rejected and questions whether a person can use the full powers of the Home Minister of the State. The petition alleges that “these powers are used in an illegal, unconstitutional way by a miscarriage of justice and also miscarriage of constitutional values of Election Commission of India”.

The petition also shows that the counsel for the accused challenged the rejection of the Mercy petition and tried to approach the concerned authorities under the RTI Act but to no avail as he did not receive any reply. The petition also draws attention to the fact that during the hearing of the petition the Solicitor General told the court that the signatures were obtained through Whatsapp

The petition prays for a direction or a writ order be issued in the nature of Certiorari against the Constitutional irregularities that occurred.

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Nirbhaya case: Prosecution says injuries on convict Vinay Sharma self-inflicted https://www.indialegallive.com/top-news-of-the-day/news/nirbhaya-case-prosecution-says-injuries-convict-vinay-sharma-self-inflicted/ Sat, 22 Feb 2020 09:14:27 +0000 https://www.indialegallive.com/?p=89237 Nirbhaya case: Reject death penalty review petition of accused, demands Delhi policeThe prosecution on Saturday contested before a Delhi court the plea of Vinay Sharma, one of the death-row convicts in the 2012 Nirbhaya case, that he was “mentally unstable”, saying the injuries sustained by him were “self-inflicted”. Public Prosecutor Irfan Ahmed told the court, “The convict is regularly examined. The vitals are intact. All injuries […]]]> Nirbhaya case: Reject death penalty review petition of accused, demands Delhi police

The prosecution on Saturday contested before a Delhi court the plea of Vinay Sharma, one of the death-row convicts in the 2012 Nirbhaya case, that he was “mentally unstable”, saying the injuries sustained by him were “self-inflicted”.

Public Prosecutor Irfan Ahmed told the court, “The convict is regularly examined. The vitals are intact. All injuries are self-inflicted and superficial.”

Ahmed made his submissions on the plea filed by Sharma seeking high-level medical treatment.

After the conclusion of arguments on behalf of the prosecution and the convict, Additional Session Judge Dharmendra Rana reserved his order on the application.

During the hearing, Ahmed apprised the court that Sharma, who complained of pain in the right hand and head, was attended to immediately following his call for medical aid.

The counsel contended that Sharma subsequently rammed his head on the wall of his cell in Tihar jail and was given medical aid.

The prison authorities also submitted the CCTV footage in the court, saying Sharma’s claim was a “bundle of distorted facts”.

Ahmed said there is no medical history of mental instability of Sharma as claimed by the convict’s counsel AP Singh.

“He (Sharma) is not medically unfit, not recognising mother and doctors are all false allegations. He had made two phone calls recently to his mother and his lawyer, so why is his lawyer claiming that the convict is not even in the position to identify his mother,” he added.

In the previous hearing, Singh had told the court that his client suffers from mental illness, schizophrenia and has failed to recognise his counsel and family.

In the proceedings today, Singh submitted that the jail authorities were mistreating his client and facts were being concealed.

“There has been concealment of the facts by the authorities. The facts which suited their case have been provided while the rest of the facts have been concealed. The time when Vinay was not able to recognise his mother has been concealed and that CCTV footage has not been provided,” he said.

On February 17, the court fixed March 3 as the fresh date of the hanging of the four convicts in the case – Vinay Sharma, Mukesh Singh, Pawan Gupta and Akshay Thakur.

A 23-year-old physiotherapy intern, who came to be known as ”Nirbhaya”, was gang-raped and brutally assaulted on the night of December 16, 2012, in a moving bus in South Delhi. She died of her injuries a fortnight later at a Singapore hospital.

Six people, including the four convicts, Ram Singh and a juvenile — were named as accused.

The trial of the five adult men began in a special fast-track court in March 2013.

Ram Singh, the prime accused, allegedly committed suicide by hanging himself in Tihar jail during the trial. The juvenile, who was said to be the most brutal of the attackers, was put in a correctional home for three years.

The juvenile was released in 2015 and sent to an undisclosed location amid concerns over a threat to his life. He, when released, was 20 years old.

The four were sentenced to death in September 2013 by the trial court.

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Nirbhaya case: Death row convict Vinay Sharma attempts to hurt himself in jail https://www.indialegallive.com/top-news-of-the-day/news/nirbhaya-case-death-row-convict-vinay-sharma-attempts-hurt-jail/ Thu, 20 Feb 2020 12:34:00 +0000 https://www.indialegallive.com/?p=88985 Nirbhaya: SC to hear today govt’s plea for separate hanging of convictsOne of the death row convicts of the 2012 Nirbhaya gang-rape and murder case, Vinay Sharma attempted to kill himself in his cell early this week and has reportedly sustained injuries. Sharma’s lawyer Mukesh Kumar Singh told the court that his client was suffering from “acute mental illness”. He further said that this is exactly […]]]> Nirbhaya: SC to hear today govt’s plea for separate hanging of convicts

One of the death row convicts of the 2012 Nirbhaya gang-rape and murder case, Vinay Sharma attempted to kill himself in his cell early this week and has reportedly sustained injuries.

Sharma’s lawyer Mukesh Kumar Singh told the court that his client was suffering from “acute mental illness”. He further said that this is exactly why the death sentence cannot be carried out.

Singh had earlier told the court that Sharma was on a hunger strike in jail. The court had then directed the Tihar Jail Superintendent to take care of Vinay as per the law.

The court on Monday issued death warrant against the four convicts–Akshay Kumar (31), Mukesh Kumar Singh (32), Pawan Gupta (26) and Vinay Sharma (26) for the third time.

The convicts will now be hanged till death on March 3 at 6 am.

Earlier, they were slated to be executed on January 22 which was postponed to February 1, however, a Delhi court on January 31, indefinitely suspended the execution of the convicts, noting that all the convicts had not exhausted their legal remedies.

A 23-year-old physiotherapy intern, who came to be known as ”Nirbhaya”, was gang-raped and savagely assaulted on the night of December 16, 2012, in a moving bus in South Delhi. She died of her injuries a fortnight later in a Singapore hospital.

Six people, including the four convicts, Ram Singh and a juvenile — were named as accused.

The trial of the five adult men began in a special fast-track court in March 2013.

Ram Singh, the prime accused, allegedly committed suicide by hanging himself in Tihar jail days after the trial began. The juvenile, who was said to be the most brutal of the attackers, was put in a correctional home for three years.

The juvenile was released in 2015 and sent to an undisclosed location amid concerns over a threat to his life. He, when released, was 20 years old.

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Nirbhaya Case : Supreme Court dismisses convict Vinay Sharma’s plea against mercy rejection https://www.indialegallive.com/top-news-of-the-day/news/nirbhaya-case-supreme-court-dismisses-convict-vinay-sharmas-plea-mercy-rejection/ Fri, 14 Feb 2020 08:50:31 +0000 https://www.indialegallive.com/?p=88410 Nirbhaya: SC to hear today govt’s plea for separate hanging of convictsThe Supreme Court on Friday dismissed Nirbhaya death-row convict Vinay Sharma’s plea challenging the rejection of his mercy petition A bench comprising Justices R Banumathi, Ashok Bhushan and A S Bopanna said the contention by the petitioner that materials were not made available to the President cannot be accepted. The bench had reserved orders on […]]]> Nirbhaya: SC to hear today govt’s plea for separate hanging of convicts

The Supreme Court on Friday dismissed Nirbhaya death-row convict Vinay Sharma’s plea challenging the rejection of his mercy petition

A bench comprising Justices R Banumathi, Ashok Bhushan and A S Bopanna said the contention by the petitioner that materials were not made available to the President cannot be accepted.

The bench had reserved orders on the petition yesterday, after hearing Advocate A P Singh for the petitioner and Solicitor General Tushar Mehta for the Delhi police.

Sharma had approached the Supreme Court on Tuesday.

Sharma, through his counsel A P Singh, also pleaded for the commutation of death sentence to life imprisonment.

President Ram Nath Kovind had on February 1 dismissed the mercy plea of Sharma.

On January 31, the trial court had stayed “till further orders” the execution of the four convicts in the case — Mukesh Kumar Singh (32), Pawan Gupta (25), Vinay Kumar Sharma (26) and Akshay Kumar (31), who are lodged in Delhi’s Tihar jail.

According to the prosecution, Singh has exhausted all his remedies, including mercy plea and the challenge to its rejection in the apex court., while Gupta has not yet filed a curative petition — the last and final legal remedy available to a person which is decided in-chamber. Gupta has also the option of filing a mercy plea.

A 23-year-old physiotherapy intern, who came to be known as ”Nirbhaya”, was gang-raped and savagely assaulted on the night of December 16, 2012, in a moving bus in South Delhi. She died of her injuries a fortnight later in a Singapore hospital.

Six people, including the four convicts, Ram Singh and a juvenile — were named as accused.

The trial of the five adult men began in a special fast-track court in March 2013.

Ram Singh, the prime accused, allegedly committed suicide by hanging himself in Tihar jail days after the trial began. The juvenile, who was said to be the most brutal of the attackers, was put in a correctional home for three years.

The juvenile was released in 2015 and sent to an undisclosed location amid concerns over a threat to his life. He, when released, was 20 years old.

The trial of the four adults began in a special fast-track court in March 2013 and they were sentenced to death in September 2013 by the trial court.

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Nirbhaya case: SC adjourns hearing on govt’s plea for separate hanging of convicts https://www.indialegallive.com/top-news-of-the-day/news/nirbhaya-case-sc-adjourns-hearing-govts-plea-separate-hanging-convicts/ Thu, 13 Feb 2020 12:34:38 +0000 https://www.indialegallive.com/?p=88348 Nirbhaya case: Reject death penalty review petition of accused, demands Delhi policeThe Supreme Court on Thursday adjourned for tomorrow the hearing of the Centre’s plea for separate execution of the four Nirbhaya case condemned prisoners even as it appointed lawyer Anjana Prakash as amicus curiae for convict Pawan Gupta. A bench of Justices R Banumathi, Ashok Bhushan and AS Bopanna also asked the convicts to file […]]]> Nirbhaya case: Reject death penalty review petition of accused, demands Delhi police

The Supreme Court on Thursday adjourned for tomorrow the hearing of the Centre’s plea for separate execution of the four Nirbhaya case condemned prisoners even as it appointed lawyer Anjana Prakash as amicus curiae for convict Pawan Gupta.

A bench of Justices R Banumathi, Ashok Bhushan and AS Bopanna also asked the convicts to file their response by tomorrow on the petition.

The name of Prakash, a former judge of the Patna High Court, was suggested by Solicitor General Tushar Mehta to represent Gupta.

Gupta is the only convict who has not yet filed a curative petition, the last legal remedy available to a person which is decided in-chambers. He also has the option of filing a mercy plea.

The Centre and Delhi government had moved the apex court against a Delhi High Court order holding that the prisoners could not be hanged separately.

The bench also reserved for tomorrow its order against on convict Vinay Sharma’s plea against the rejection of his mercy petition by the President.

Lawyer Vrinda Grover, appearing for convict Mukesh Kumar Singh, informed the court about the applications moved by Tihar Jail authorities and Nirbhaya’s parents seeking a fresh date for the execution of the sentence.

She pleaded to the court to extend legal aide to convict Gupta, saying counsel AP Singh would no longer appear for him.

The apex court had on Tuesday sought the response of the prisoners on the Centre’s appeal against the high court verdict which dismissed its plea against stay on their execution.

One week’s time given by the high court to the convicts to exhaust their legal remedies, expired on Tuesday.

Justices Bhanumathi, Bhushan and Bopanna had also granted liberty to the authorities to move the trial court for issuance of fresh date for the execution of the convicts.

The bench had made it clear that the pendency of the appeal filed by the Centre and Delhi government before it would not be an impediment for the trial court in issuing fresh date of hanging.

Solicitor General Mehta, appearing for the Centre and the Delhi government, had said that the execution of “is not for enjoyment ” and the authorities were only executing the mandate of the law.

“The nation’s patience is being tested,” Mehta had submitted, while claiming efforts were being made by the convicts to delay the execution of the sentence.

On January 31, the trial court had stayed “till further orders” the execution of the four convicts — Mukesh Kumar Singh (32), Pawan Gupta (25), Vinay Kumar Sharma (26) and Akshay Kumar (31), who are lodged in Delhi’s Tihar jail.

A 23-year-old physiotherapy intern, who came to be known as ”Nirbhaya”, was gang-raped and savagely assaulted on the night of December 16, 2012, in a moving bus in South Delhi. She died of her injuries a fortnight later in a Singapore hospital.

Six people, including the four convicts, Ram Singh and a juvenile — were named as accused.

Ram Singh, the prime accused, allegedly committed suicide by hanging himself in Tihar jail days after the trial began. The juvenile, who was said to be the most brutal of the attackers, was put in a correctional home for three years.

The juvenile was released in 2015 and sent to an undisclosed location amid concerns over a threat to his life. He, when released, was 20 years old.

The trial of the four adults began in a special fast-track court in March 2013 and they were sentenced to death in September that year.

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Nirbhaya case: Convict Vinay Sharma moves SC against rejection of mercy plea https://www.indialegallive.com/constitutional-law-news/supreme-court-news/nirbhaya-case-convict-vinay-sharma-moves-sc-rejection-mercy-plea/ Tue, 11 Feb 2020 11:51:49 +0000 https://www.indialegallive.com/?p=88091 bail to rape accusedVinay Sharma, one of the four death row convicts in the Nirbhaya gang-rape and murder case, approached the Supreme Court on Tuesday against the rejection of his mercy petition by the President. Sharma, through his counsel A P Singh, also pleaded for the commutation of death sentence to life imprisonment. President Ram Nath Kovind had […]]]> bail to rape accused

Vinay Sharma, one of the four death row convicts in the Nirbhaya gang-rape and murder case, approached the Supreme Court on Tuesday against the rejection of his mercy petition by the President.

Sharma, through his counsel A P Singh, also pleaded for the commutation of death sentence to life imprisonment.

President Ram Nath Kovind had on February 1 dismissed the mercy plea of Sharma.

On January 31, the trial court had stayed “till further orders” the execution of the four convicts in the case — Mukesh Kumar Singh (32), Pawan Gupta (25), Vinay Kumar Sharma (26) and Akshay Kumar (31), who are lodged in Delhi’s Tihar jail.

According to the prosecution, Singh has exhausted all his remedies, including mercy plea and the challenge to its rejection in the apex court., while Gupta has not yet filed a curative petition — the last and final legal remedy available to a person which is decided in-chamber. Gupta has also the option of filing a mercy plea.

Meanwhile, the Supreme Court on Tuesday allowed the Centre to move the trial court for issuance of fresh death warrants against the four condemned prisoners.

A bench of Justices R Banumathi, Ashok Bhushan and A S Bopanna also asked the convicts to furnish their response on the Centre’s appeal challenging the Delhi High Court order which dismissed its plea against stay on their execution.

It observed that the pendency of the appeal filed by the Centre and Delhi government before it would not be an impediment for the trial court in issuing a fresh date for the hanging of the convicts.

The court would hear the matter on February 13.

Appearing for the Centre, Solicitor General Tushar Mehta submitted, “Execution of Nirbhaya case convicts is not for enjoyment, we are executing the mandate of the law.”

Earlier, Mehta had told the court that the “nation’s patience is being tested” in the matter and the bench will have to lay down a law on the issue.

A 23-year-old physiotherapy intern, who came to be known as ”Nirbhaya”, was gang-raped and savagely assaulted on the night of December 16, 2012, in a moving bus in South Delhi. She died of her injuries a fortnight later in a Singapore hospital.

Six people, including the four convicts, Ram Singh and a juvenile — were named as accused.

The trial of the five adult men began in a special fast-track court in March 2013.

Ram Singh, the prime accused, allegedly committed suicide by hanging himself in Tihar jail days after the trial began. The juvenile, who was said to be the most brutal of the attackers, was put in a correctional home for three years.

The juvenile was released in 2015 and sent to an undisclosed location amid concerns over a threat to his life. He, when released, was 20 years old.

The trial of the four adults began in a special fast-track court in March 2013 and they were sentenced to death in September 2013 by the trial court.

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Nirbhaya case: “Inconceivable brutality,” says SC as it upholds death sentence on all four https://www.indialegallive.com/top-news-of-the-day/news/nirbhaya-case-inconceivable-brutality-says-sc-upholds-death-sentence-four/ Fri, 05 May 2017 11:12:20 +0000 http://www.indialegallive.com/?p=24733 ]]>

Victims’ parents break down in tears, as all hail path-breaking verdict

Describing the Nirbhaya gang rape-murder case as an act of “inconceivable brutality” and commenting that “if at all a case warranted death sentence it’s this case, where human lust was allowed to take demonic form,” the Supreme Court on May 5 upheld the death sentence on all four remaining accused, bringing to a just end a 53-month wait of her parents and all of the country.

As the parents, who had attended every single hearing for over four years, broke down in tears in the court, every single person in court was praying for Jyoti, or “Nirbhaya”, as she was called for long to protect her identity.

The counsel for the accused, AP Singh, said a review petition will be filed.

The country was expecting to get this death sentence from the bench of Justices Dipak Misra, R Banumathi and Ashok Bhushan this day, after a long wait.

The convicts Akshay, Pawan, Vinay Sharma and Mukesh had challenged the Delhi High Court’s death sentence. The high court had upheld the trial court’s order of death sentence to all.

Amid applause from all present at the Supreme Court on May 5, the court said: “It’s a tsunami of shock in the minds of the collective and destroyed humanity. Death for all four. [We have been] Compelled to arrive [at] aggravating circumstances [that] outweigh the mitigating circumstances.”

Immediately after lunch, when the bench sat at 2 pm, Justice Misra started reading the judgment: “It was a devastating hour of darkness for the 23-year-old paramedic. The victim’s parts were ruptured to give vent to the sexual desires. Lying naked they shouted for help as good fortune have it a night patrolling vehicle arrived.”

Nirbhaya's parents during the press conference after apex court upheld the death sentence of the four convicts. Photo: Anil Shakya
Nirbhaya’s parents during the press conference after apex court upheld the death sentence of the four convicts. Photo: Anil Shakya

The judges thereafter made the following observations:

“We analysed many facets like delay in lodging FIR, CCTV footage, reliability of witness, insertion of iron rod, sentencing policy.” The judges said that after having seen all this they concluded that “the juvenile was present in the bus. There is no reason to disregard his presence. Arrest of accused has been proved by the prosecution and custodial confessions. Dying declaration (of Nirbhaya) was proved beyond reasonable doubt. Presence of accused in the bus is a crime.”

Regarding the appeal filed about mitigating factors, the court said “emphasis has been laid on young age, but we also looked into the kind of crime committed by them.”

The court said the DNA on the accused matches that of the victim. It said that the high court had correctly given stress on DNA. The court also observed that “there is manipulation by the investigation team during investigation.” This was a serious observation.

Then came the crux of the observations. “Prosecutrix Demonstrate that [the] entire intestine of victim was perforated. Various bite marks. This proves inconceivable brutality committed on the victim. We are compelled to come to conclusion that the High Court has correctly held the death penalty.”

Said Justice Bhanumathi: “Bearing in mind all principles, a crime like this cannot be looked at with magnanimity. The ordinary background of the accused cannot be treated as mitigating factors. The case is rarest of rare case. It is a matter of human rights now. Stringent legislations cannot be only way to stop these crimes. Gender sensitisation has to be promoted through media and other platforms. Everyone should fight for gender equality and justice.”

There were more accused, but one of them, Ram Singh, hanged himself in prison. The cruellest of them all turned out to be a juvenile at the time of the crime, and had to be dealt with by relevant laws. In August last year, he was given a light, three-year prison term in a reform home. Neither his identity nor the location of his reform home has been disclosed, going by the requirements of the Juvenile Act.

The Nirbhaya gang rape and murder case finally reached its end 1,601 days after the horrific incident that happened in Delhi on the night of December 16, 2012.​

—India Legal Bureau

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