Utkarsh Anand Profile picture
National Legal Editor, Hindustan Times Past: CNN-News18, Indian Express, Press Trust of India

Jan 20, 2020, 11 tweets

#SupremeCourt begins hearing of a petition by #NirbhayaCase convict Pawan who has claimed he was a juvenile when the crime was committed.

AP Singh claims #DelhiPolice concealed records pertaining to date of birth of Pawan. His school certificates were deliberately concealed, claims Pawan's lawyer.

Singh says #NirbhayaCase convict Pawan's real date of birth is Oct 8, 1996 and that #DelhiPolice deliberately did not show these records in any court.

Justice Ashok Bhushan points out these records were obtained in Feb 2017 after he was convicted.

SG Tushar Mehta for #DelhiPolice: "These records were considered by the Supreme Court when it dismissed the convicts' review petition in July 2018."

#NirbhayaCase

Bhushan J: "The specific question of juvenility was dealt with and dismissed by the SC in 2018. Can you be now allowed to reagitate the same issue all over again. If we allow this, proceedings will be unending and we can't allow that."

#NirbhayaCase

"How many time can we allow you to come to this court with the same plea? It isn't that you have raised the plea of juvenility for the first time. Our judgment in review had specifically dealt with this point": #SupremeCourt to #NirbhayaCase convict Pawan.

#SupremeCourt: "Why didn't you challenge the 2013 order by the trial court dismissing your claim of juvenility?"

Singh alleges the trial court order was passed in undue haste. Pawan wasn't given a fair trial, claims his lawyer AP Singh.

#NirbhayaCase

SG Tushar Mehta starts arguing for #DelhiPolice, submits a list of dates. Mehta points out Pawan's birth certificate was on record before the sessions court in Jan 2013 when his claim of juvenility was trashed. Even Pawan's parents had said he was a major, Mehta adds.

Mehta further cites the relevant part of the #SupremeCourt judgment in review when Pawan's school records were produced by his layers as mitigating circumstances. SC categorically rejected his claim of juvenility.

#NirbhayaCase

"It would be travesty of justice if he is allowed to raise this claim at this stage after all courts have already rejected it once," Mehta submits in the #SupremeCourt.

#NirbhayaCase

Singh also cites Delhi HC's strictures against him & also the order of imposing fine on him, action by the Bar Council.

SC: Why should we go into all this in the present case? You will have the liberty of challenging these observations separately.

Court order at 2.30 PM today.

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