BY : Mukesh Kumar Mishra
On the 16 March, the three convicts of the Nirbhaya case seek the relief under the International court of Justice [“ICJ”] by writing the to the judges of the International Court of Justice at Hague, Netherland. These three convicts made plea before the International Court Justice for granting of stay in their execution. The Death warrant was issued against all four convicts of the Nirbhaya Case and all of them were listed to be hanged till death. The three convicts named Akshay Singh (31), Pawan Kumar Gupta (25) and Vinay Sharma (26), while transmitting the letter to the ICJ, stressed upon the fact that death penalty sentence is itself “barbarous and merciless” in nature. They further wrote in the letter that they are being treated as “rodent animals” and this execution is completely illicit and against the law. Earlier, the families and relatives of these convicts approached before the President of India Hon’ble ‘Ram Nath Kovind’ to grant the death to all four convicts by euthanasia (also known as ‘Mercy Killing’). It is an act or an exercise of intentionally taking life (killing) of the person with the intention of reliving his/her pain and distress. The convicts also plead that the lawyer hired by them didn’t provide them proper information about the case and misled them. So that they prayed before the court to restore their remedies and then start the fresh suit, this plea was rejected by the court. The apex court, add further that all the remedies, review petition and the curative petition, had been exhausted by the convicts and same rejected by the court.
CURRENT ISSUE (NIRBHAYA CONVICTS: AGAINST EXECUTION OF DEATH SENTENCE):
The main issue in this case was the execution of all four convicts of the Nirbhaya Case and also the letter sent by them before the International Court of Justice seeking the remedy to stop the execution of them.
QUESTION OF LAW :
First of all, the letter sent by the lawyer (A.P. Singh) of the convict is not valid and of no use in this case. The International Court of the Justice, Hague only have Jurisdiction to hear the matter between the not between the individuals as showed in this case. The ICJ also don’t have power to decide the matter or pass any judgement regarding the plea attempted by these convicts.
The best what the judges of the ICJ can do is to give directions regarding this case and nothing more than that. The lawyer of the convict alleged that the inquiry and investigation done by the police officers were defective & flawed and the conviction was established on inadequate evidence. Lawyer further criticised many facts related to the investigation and alleged that the recording of the statement of the accused, noting down the victim dying declaration, the medical examination of the victim, test of identification parade, manner and procedure search & seizure and last the manner of conducting the arrest have been untrustworthy and suspicious in nature. The convict had also made allegation on his earlier lawyer that his lawyer and investigation agency CBI indulged into the “criminal conspiracy” which was hatched by the Centre, the Delhi government and amicus curiae advocate Vrinda Grover. The plea to the ICJ also stated that due to corona virus outbreak courts are not functioning properly and as we know Delhi NCR is becoming a gas chamber in regard to air. Everyday Life is deteriorating and, in these circumstances granting death penalty makes no sense. Apex Court held that this plea is not exercisable in nature and added that the remedy of review petition and the curative petition had already exhausted by the accused and had been dismissed by the court too.
CONCLUSION ( NIRBHAYA CONVICTS: AGAINST EXECUTION OF DEATH SENTENCE):
In Conclusion, the Supreme Court rejected all plea and granted the death penalty to all the four accused for the nirbhaya case. The urge of launching investigation into this matter by the ICJ is completely bogus and far cry by the accused lawyer A.P. Singh. Denying the evidence and making false allegations on the investigation agencies, central or state govt. will not be going to strengthen the case. This is the case of heinous and inhumane conduct, which fall in the category of rarest of the rare case, and can only punished with the death sentence of hanged till death.