Thread by @barandbench

Nirbhaya: Supreme Court begins hearing a plea filed by one of the convicts, Mukesh, which claims that there was concealment of documents and thus trial stands vitiated.

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Three-Judge Bench takes up the matter for hearing.

Advocate ML Sharma begins making the submissions on behalf of one of the convicts in the 2012 Delhi rape case, Mukesh.

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Sharma says that petitioner has accepted his fate and does not seek to delay the execution; says that in future no innocent person should be made to suffer on account of media pressure.

Sharma says, the question is if justice was given to the accused.

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Justice Bhushan says that judicial review has its own limitations and the petitioner cannot keep raising some point or the other.

Sharma asserts there was concealment of documents.

Court says documents are matter of trial; adds that all the points have been argued already

Sharma presses that Mukesh was not in Delhi on the day of the crime.

Court says that the point has been argued before and considered by the Courts.

Sharma argues that the only document that proves that he was not in Delhi on the day was not placed on record.

Justice Banumathi: All your remedies are over, review, curative, mercy - all rights have been exercised, how can you now come and say that some documents were not placed on record.

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Justice Banumathi says the court cannot entertain the plea.

Sharma requests for five more minutes to make arguments.

Court allows him another five minutes.

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Sharma argues on the point of concealment of medical reports and such.

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Supreme Court dismisses the fresh petition; says that there is no reason to entertain the plea after all the rights and remedies afforded to the accused were exercised heard at length by the Courts.

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Supreme Court now begins hearing plea filed by Akshay Singh against rejection of his mercy plea by the President.

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Singh argues every pillar of democracy in this case is under pressure.

Singh says, a complete mercy plea was filed before the President yesterday and today he learnt, through media, of the rejection of the same.

Singh says no correspondence of rejection received

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Court points out that the mercy plea was rejected in February this year.

Singh says that it was an incomplete one and subsequently a "compete" mercy plea was filed by him.

The same was rejected in a hurry under media pressure, Singh says.

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Singh says that there was media pressure in the case which led to miscarriage of justice.

Court asks what the scope of judicial review is in case of a second mercy plea.

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Justice Bhushan: Scope of judicial review is very limited. We are not hearing the first appeal, you're challenging the decision of the President

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AP Singh: But it's a matter of human rights.

Justice Bhushan: Everytime you say human rights, you're arguing about a person who has been convicted and sentenced to death

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Singh argues that there was a hurry to hang the convicts and as such death warrant was issued four times; adds that the case was tainted by bias since Ministers and public figures made statements leading to prejudice and bias.

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AP Singh reads out various news reports; says media is being used to stir public sentiment

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Singh submits that media reports and public statements led to miscarriage of justice and his mercy plea was considered properly.

Justice Banumathi: The decision on mercy plea was taken by the Highest Constitutional authority, how can you say he was influenced.

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AP Singh says that Article 21 is a part of human rights and that there are prisoner's rights; adds that the SC has, in precedents, held that there is a right to protection against torture.

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Singh says that there are post mercy remedies available and cites Shatrughan Chauhan judgment; says all facts not considered properly in this case.

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Singh submits that a number of cases in relation to the accused persons remain pending before various Courts, this includes Akshay's divorce case, Vinay's case alleging torture in prison, among others.

Singh asks what would happen of these cases after execution

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AP Singh: They faced four times death warrant, so requesting the Court to commute death to life sentence.

Singh is citing the precedent laid down in Shatrughan Chauhan case.

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Singh citing SC precedents on the question of death penalty, torture, and harassment.

Singh quotes Justice Kurian Joseph who favoured commutation of sentence of these convicts on account of their very young age in one of the media interviews

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Justice Bhushan asks how any of the submissions made by Singh are relevant at this point.

Justice Banumathi says Court is not inclined to entertain the plea, says all the arguments have already been heard at length several times.

Singh continues to argue

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Supreme Court rejects plea filed by Akshay Singh challenging the decision of the President of India rejecting his mercy plea.

Court says there is limited scope of judicial review and it finds no reason to interfere with the President's decision.

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Breaking: Supreme Court dismisses pleas by Nirbhaya convicts Mukesh and Akshay Singh #NirbhayaCase #nirbhayaconvicts #Nirbhaya #SupremeCourt

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