Thread by @barandbench

Delhi High Court will shortly hear plea by #Nirbhaya convicts against the Trial Court order refusing to stay the execution of death warrant.

The four convicts are scheduled to be hanged tomorrow ie. March 20 at 5:30 am.

#NirbhayaCase

Standing Counsel (Crl) for Delhi Govt, Rahul Mehra, Nirbhaya's parents and counsel for convicts, Adv AP Singh present in Court.

#NirbhayaCase

Matter to be heard by a Division Bench headed by Justice Manmohan.

#NirbhayaCase

Judges arrive.

Proceedings begin.

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Counsel for convicts, Advocate AP Singh states that petition under Art 32 was fixed for hearing today.
Imade my arguments. But the Trial Court proceeded to pass an order dismissing by stay application: Adv Singh

#NirbhayaCase

There is no annexure, no memo of parties, there is nothing in this matter, no affidavits, nothing. Do you have the permission to file this Petition?: Justice Manmohan asks Adv Singh

Due to #CoronavirusOutbreakindia, no photo copy machine is working: Adv Singh

#NirbhayaCase

See how open the Courts are. You have moved three courts today. You can't say that things are not accessible. We are here at 10 pm listening to you : Justice Manmohan

#NirbhayaCase

Court asks AP Singh about the dates on which mercy petitions were preferred and when the conviction was confirmed by the Supreme Court.

#Nirbj

Standing Counsel Rahul Mehra takes the Court through the case timeline, says all legal remedies have been exhausted.

#NirbhayaCase

Rahul Mehta reminds the Court of its order passed in January in the case when it had opined that the convicts could not have challenge the order on death warrant before the High Court and were asked to move the Supreme Court.

#NirbhayaCase

Mehra states that the convicts should approach the Supreme Court.

#NirbhayaCase

Adv AP Singh lists various cases which pending before different courts, including divorce petition of convict Akshay's wife, case before the ICJ etc.

They have no relevance: Justice Manmohan

These are not the relevant cases: Rahul Mehra

#NirbhayaCase

Your judgement has attained finality. We cannot sit and review this judgement. We cannot say that the death warrant will cease to exist or will not take place: Justice Manmohan

#NirbhayaCase

Adv Singh informs the Court about the case by Pawan Gupta before Karkardooma court against a police officials for allegedly hitting him on the head.

It will be a great miscarriage if he is hanged without giving justice..he is a victim here. He got 14 stitches on the head..Let him be produced before the court and identify those police officials: Adv Singh

#NirbhayaCase

Please look at family record , there is no criminal antecedent: Adv Singh

#NirbhayaCase

Adv AP Singh questions the credibility of the sole eye witness of the case.

Adv Singh claims that the sting operation carried on the sole eyewitness was not aired because there was an apprehension that it would impact the case.

This matter is also pending before the High Court : Adv Singh

#NirbhayaCase

Adv AP Singh argues that there were irregularities in the test identification parade.

#NirbhayaCase

There has been a miscarriage of justice with us : Adv Singh

What are you reading? .. You have not given us the copy of what you are reading. This is all meaningless. The book you are reading from , we don't who this person is.: Justice Manmohan

#NirbhayaCase

You are not addressing the people behind you, but to us. It is not having any impact..
We are close to the time where your client can meet God. Don't waste time. We have no time: Justice Manmohan

#NirbhayaCase

We will not be able to help you at the eleventh .. You have four- five hours. If you want to make use , tell us. If you have a point then come to that: Justice Manmohan

#NirbhayaCase

You have to be fair to your client and your client has to be fair to us. You should come with some substantive point at the 11th hour. There is no foundation in your Petition: Justice Manmohan

#NirbhayaCase

I have been so hopeless because of #CoronavirusOutbreakindia. The photocopies are not available. I have everything but was not able to give copy because there are no means to get the photocopy done: Adv Singh

#NirbhayaCase

Law favours those who take timely action: Court

Give me 2-3 days , we need time to provide the Court with some documents: Adv Singh

#NirbhayaCase

It is already 10.45 pm and execution is at 5.30 am. Give us a substantive point: Justice Manmohan

#NirbhayaCase

The delay has not been intentional. Their family background needs to be looked into. I have diligently participated in the day-to-day hearing in trial court, HC or SC: Adv Singh

#NirbhayaCase

Your contentions have been rejected by the Supreme Court. Can we set aside the SC judgement? : Justice Manmohan

#NirbhayaCase

The whole world is suffering because of #Coronavirus. what can we do? : Court on not being provided with enough copies of the documents.

#NirbhayaCase

I need a chance to give all docs, give us more time: Adv Singh

These are death warrants. This is the fourth one. Some sanctity should be given to them: Justice Manmohan

#NirbhayaCase

Once you have drafted the Petition , you should have your substantial facts in the Petition: Court.

If I could get more time, I will put everything: Adv Singh

#NirbhayaCase

You can't ask for stay without mentioning in your prayer. You need to make out a good case, some case. Your case is contrary to your submissions. You have made casual submissions: Court
#NirbhayaCase

Counsel Rahul Mehra states that the plea of juvenility has been dismissed by the Supreme Court.

Court asks about the book by Sunil Gupta, on which Adv AP Singh was relying.

We can't give credence to that book. If they want to challenge anything , they should at least go to the right forum.. it cannot just carry on like this. It is a serious matter: Mehra

#NirbhayaCase

There is not a ground in the Petition to state why the Trial Court is bad in law: Mehra

#NirbhayaCase

Court begins dictating the order.

#NirbhayaCase

Court asks certain questions regarding the plea of juvenility raised by convict Pawan.

Adv Mehra states that timeline of the death warrants in the case.

#NirbhayaCase

Another lawyer begins making submissions for the convicts.

The counsel's name is Advocate Shams Khawaja.

President made his sentiments public on death row convicts in sexual assault cases when he said they don't deserve mercy. He was already prejudiced against us even before the first mercy plea: Adv Khawaja.

#NirbhayaCase

This is not the time to argue on merits: Court

These points were not raised: Adv Khawaja

You can ask yourself why these points weren't raised: Court

#NirbhayaCase

There is a glaring miscarriage of justice: Adv Khawaja

Once a judge signs a judgement, he cannot touch that case again. You want to carry on, go on! We will sit here till 5.30 am.. : Court

#NirbhayaCase

I am appearing for convict Pawan: Adv Khawaja clarifies.

#NirbhayaCase

What is being urged is not mentioned in the Petition: Court observes.

#NirbhayaCase

Counsel Mehra submits that all submissions have been looked into and have been dealt with adequately. There is no merit in the Petition.

#NirbhayaCase

Court resumes order dictation.

Plea of juvenility has been dismissed by the three courts and cannot be raised at this stage: Court

#NirbhayaCase

When allegations of malafide or biased against individual is made, he has to be impleaded as a party which has not been done in the present case : Court

#NirbhayaCase

#Breaking:

Delhi High Court dismisses petition by Nirbhaya convicts against the execution of death warrant.

Petition has no merits, says court.

Convicts are scheduled to be hanged tomorrow at 5.30 am

#NirbhayaCase

Breaking: We are close to the time when your clients can meet God: Delhi HC refuses to stay execution of Nirbhaya convicts hours before hanging
#NirbhayaVerdict #Nirbhaya #NirbhayaCaseConvicts #NirbhayaCase

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Supreme Court to hear at 2:30 AM the plea filed by lawyer AP Singh challenging the Delhi HC order

#nirbhayabetrayed #nirbhya #NirbhayaVerdict

Mother of #Nirbhaya reaches Supreme Court ahead of scheduled hearing. #NirbhayaCase #NirbhayaCaseConvicts #NirbhayaVerdict

Solicitor General Tushar Mehta reaches Supreme Court #Nirbhaya #NirbhayaCase #NirbhayaCaseConvicts #NirbhayaVerdict

Nirbhaya's mother speaking to press ahead of hearing n Supreme Court #Nirbhaya #NirbhayaCase #NirbhayaCaseConvicts #NirbhayaVerdict #SupremeCourtofIndia

AP Singh, lawyer for the convicts, sitting near the entry, since they are not allowing more than three lawyers from his team inside. #Nirbhaya #NirbhayaCase #NirbhayaCaseConvicts #NirbhayaVerdict #SupremeCourt

Now, 6 lawyers from legal team representing the convicts being allowed inside #Nirbhaya #NirbhayaCase #NirbhayaCaseConvicts #NirbhayaVerdict #SupremeCourt

Supreme Court Bench of Justices R Banumathi, Ashok Bhushan and AS Bopanna will hear the matter

#Nirbhaya #NirbhayaCase #NirbhayaCaseConvicts #NirbhayaVerdict #SupremeCourt

AP Singh allowed entry, makes submissions for death row convict Pawan Gupta #Nirbhaya #NirbhayaCase #NirbhayaCaseConvicts #NirbhayaVerdict #SupremeCourt

Nirbhaya Case: Convicts approach Supreme Court for stay of execution [Live Updates]
bit.ly/2IXApok #Nirbhaya #NirbhayaCase #NirbhayaCaseConvicts #NirbhayaVerdict #SupremeCourt

AP Singh makes submissions on the claim of juvenility.

Justice Bhushan says that these claims were already made earlier and documents already filed by Pawan before the Trial Court and in SLPs

#Nirbhaya #NirbhayaCase #NirbhayaCaseConvicts #NirbhayaVerdict #SupremeCourt

"You're effectively asking us to review the judgment", Justice Bhushan says to AP Singh #Nirbhaya #NirbhayaCase #NirbhayaCaseConvicts #NirbhayaVerdict #SupremeCourt

Justice Bhushan says that the cases cannot be reopened whenever desired; adds that this cannot be ground to challenge the rejection of a second mercy plea by the President #Nirbhaya #NirbhayaCase #NirbhayaCaseConvicts #NirbhayaVerdict #SupremeCourt

SG Tushar Mehta takes the Court through a detailed chart of all the stages and fora the case was heard at; points out that the same point was raised at every forum up till the mercy plea.

#Nirbhaya #NirbhayaCase #NirbhayaCaseConvicts #NirbhayaVerdict #SupremeCourt

Singh claims that various documents were concealed from the authorities; says that documents that could have been mitigating factor were also concealed.
#Nirbhaya #NirbhayaCase #NirbhayaCaseConvicts #NirbhayaVerdict #SupremeCourt

AP Singh is referring to documents pertaining to convict Pawan Gupta's age.

#Nirbhaya #NirbhayaCase #NirbhayaCaseConvicts #NirbhayaVerdict #SupremeCourt

Justice Bhushan says that all these arguments being raised now have been invoked various times.

"How they are relevant today?"

#Nirbhaya #NirbhayaCase #NirbhayaCaseConvicts #NirbhayaVerdict #SupremeCourt

AP Singh claims there was miscarriage of justice, asks how could the Trial Court could have rejected the plea for stay of execution today when it was informed that a plea challenging rejection of Akshay's mercy plea remained pending before the Supreme Court.
#NirbhayaCase

The challenge to the rejection of Akshay's mercy plea was subsequently dismissed by the Supreme Court on Thursday. #NirbhayaCase #Nirbhaya #NirbhayaCaseConvicts #SupremeCourt

Justice Bhushan asks about the grounds on which the rejection of second mercy plea is being challenged now; says AP Singh is re-agitating grounds which have already been argued #NirbhayaCase #Nirbhaya #NirbhayaCaseConvicts #SupremeCourt

AP Singh submits that Pawan Gupta's FIR against Mandoli jail is pending. His statement should be recorded before he is hanged, Singh says. #NirbhayaCase #Nirbhaya #NirbhayaCaseConvicts #SupremeCourt

AP Singh claims Pawan is a victim of assault, says he was attacked in the jail and has received 14 stitches.

Justice Banumathi: You have raised the same points earlier

#NirbhayaCase #Nirbhaya #NirbhayaCaseConvicts #SupremeCourt

Justice Banumathi says that the material being argued on claim of juvenility has been considered by the Court earlier; says that this claim can be raised at any stage, but not again and again after being rejected

#NirbhayaCase #Nirbhaya #NirbhayaCaseConvicts #SupremeCourt

AP Singh says plea for remission of sentence is also pending before the office of the LG

Justice Bhushan says this point was argued on Thursday afternoon during Akshay's hearing.

#NirbhayaCase #Nirbhaya #NirbhayaCaseConvicts #SupremeCourt

AP Singh says the petition is pending before the LG and Chief Minister under S. 432/433 CrpC. If the state machinery provides for the convict to be granted remission, no purpose of hanging the prisoners.

Court observes: We are not inclined to entertain the plea

#NirbhayaCase

SG Tushar Mehta seeks Court's permission to make submissions.

Court says it is not required for Mehta to make submissions. #NirbhayaCase #nirbhayaconvicts #Nirbhaya #SupremeCourt

Another lawyer for the convicts now making submissions, says that the relief under Article 72 was not exercised with an open mind #NirbhayaCase #nirbhayaconvicts #Nirbhaya #SupremeCourt

Advocate Shams Khwaja says that there is a possibility that one of the four convicts may or may not have been part of the premeditated crime #NirbhayaCase #nirbhayaconvicts #Nirbhaya #SupremeCourt

Submissions end. Court dictating the order now

#NirbhayaCase #nirbhayaconvicts #Nirbhaya #SupremeCourt

Court says that it has taken a consistent view that the scope of judicial review against the rejection of mercy plea by President is very limited #NirbhayaCase #nirbhayaconvicts #Nirbhaya #SupremeCourt

Court says petitioner was not right to claim that the plea of juvenility was not considered by the courts properly #NirbhayaCase #nirbhayaconvicts #Nirbhaya #SupremeCourt

Court adds that alleged torture, if any, in the prison cannot be the ground to challenge rejection of mercy plea by the President in exercise of his power under Article 72 of the Constitution
#NirbhayaCase #nirbhayaconvicts #Nirbhaya #SupremeCourt

[BREAKING]: Four death row convicts in the Nirbhaya case to be hanged at 5.30 AM as Supreme Court dismisses the plea filed by Pawan Gupta challenging rejection of his second mercy plea. #NirbhayaCase #nirbhayaconvicts #Nirbhaya #SupremeCourt

"Insaaf mila", Mother of Nirbhaya thanks Supreme Court after verdict #NirbhayaCase #nirbhayaconvicts #Nirbhaya #SupremeCourt

[Breaking] Nirbhaya: Supreme Court dismisses final plea by convicts; execution to take place at 5:30 AM #NirbhayaCase #nirbhayaconvicts #Nirbhaya #SupremeCourt

bit.ly/2J0jh1h

Advocate Seema Kushwaha, one of the lawyers who appeared for Nirbhaya

#NirbhayaCase #nirbhayaconvicts #Nirbhaya #SupremeCourt #NirbhayaVerdict #NirbhayaJustice

"Our judicial system and executive government has ensured justice for all daughters of the country. This example will be a strong and imperishable deterrent", Solicitor General Tushar Mehta comments on #Nirbhaya case #NirbhayaCase #SupremeCourt #NirbhayaVerdict #NirbhayaJustice

There is total lockdown in Tihar Jail till the process of hanging is completed. No movement inside jail till the process is over. Preparation for hanging is going on. #NirbhayaCase #SupremeCourt #NirbhayaVerdict #NirbhayaJustice #Nirbhaya

Scene outside Tihar Jail ahead of hanging of #nirbhayaconvicts. Medical check-up of convicts has been done. #NirbhayaCase #SupremeCourt #NirbhayaVerdict #NirbhayaJustice #Nirbhaya

Security deployed outside Tihar Jail, where the four convicts will be hanged shortly.

#NirbhayaVerdict #Nirbhaya #NirbhayaJustice #TiharJail

All four convicts in #NirbhayaCase hanged at 5.30 in Tihar Jail

#Nirbhaya #NirbhayaVerdict #NirbhayaJustice