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The Hon’ble bench comprising Justice MB Lokur and Justice Deepak Gupta expressed refusal to entertain the petition seeking speedy execution of convicts in the Nirbhaya Case i.e. within the span of two weeks. In September 2013, the Saket District Court presided by the Additional Sessions Judge had found all the accused in the instant case to be guilty of offences under sections 365-366, 376(2)(g), 377, 302 and 307 of the IPC, read with its section 120B. Conclusively, the court ordered the death penalty.
Later, In March 2014, the Delhi High Court upheld this verdict of the court in the lower strata, and subsequently, the Supreme Court of India also found no error in the verdict granted and it dismissed the review petitions filed by the convicts on death row.
Advocate Alakh Alok Srivastava approached the honourable apex court of India with an intent to not only seek “immediate execution” of the death row convicts but also the formulation of strict timelines for “speed execution” of death row convicts in similar cases. The Petitioner stressed that the main cause behind the upsurge in sexual offences is the delay in execution of death penalties and grant of justice.
Relying on the fact that four months have been passed since the dismissal of the review petition filed by the death row convicts, the petitioner contended that the delay in execution of death penalty would apparently be a bad precedent, and it does not deter the convicts in anyway which consequently is the cause for increase in the committing of sexual offences.
Having advanced that swift speedy execution of death penalties shall act as a deterrent, the petitioner finally made his prayer stating “Thus, the instant PIL by way of Writ Petition has been preferred by the humble Petitioner, inter-alia, seeking a direction to the Respondents to immediately execute the punishment of Death Penalty awarded to the above-named accused persons in “Nirbhaya Gang Rape Case”, at the earliest, and maximum within two (2) weeks from the date of first hearing of the instant petition. The humble Petitioner further prays for strict timelines for speedy execution of Death Row convicts in all Rape and/ or Rape-cum-Murder cases where Death Penalty has been awarded by the Court.”
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