The MHA’s plea sought a direction from the top court in fixing the deadline for filing of curative plea after the rejection of review petitions.
Supreme Court had rejected the plea of a death row convict in the Nirbhaya gang rape
Delhi court has recently issued fresh death warrants for February 1 against the four convicts.
The Centre moved the Supreme Court for fixing a seven-day deadline for executing death penalty of condemned prisoners.
The plea of the Ministry of Home Affairs (MHA) assumes significance in view of the death row convicts in the sensational Nirbhaya gangrape and murder case of 2012 filing review, curative and mercy petitions, which has delayed their hanging.
The MHA’s plea sought a direction from the top court in fixing the deadline for filing of curative pleas after the rejection of review petitions.
It also sought a direction that “if the convict of death sentence wants to file a mercy petition, it would be mandatory for them to do so only within a period of seven days from the date of receipt of death warrant issued by the competent court”.
The MHA submitted that the top court should “mandate all the competent courts, state governments, prison authorities in the country to issue death warrant of a convict within seven days of the rejection of his mercy petition and to execute the death sentence within seven days thereafter irrespective of the stage of review petition/curative petition/mercy petition of his co-convicts”.
The top court, on January 20, had rejected the plea of a death row convict in the Nirbhaya gang rape and murder case challenging the Delhi High Court order which had dismissed his claim of being a juvenile at the time of offence saying he cannot re-agitate the issue by filing fresh application.
A Delhi court has recently issued fresh death warrants for February 1 against the four convicts — in the case after their hanging got delayed from January 22 due to pending petitions.