As per sources, the Tihar jail authorities today told a Delhi court that convicts in the Nirbhaya gang-rape case can be hanged separately. The public prosecutor Irfan Ahmad, who is representing the Tihar jail authorities, in his status report, stated that the convicts in the matter can be hanged separately and that there is no illegality in it.
While the Additional Sessions Judge Dharmender Rana is hearing the convicts’ plea seeking a stay on the execution, which is scheduled for 1 February, prosecutor Irfan asserted that the mercy petition of convict Vinay Sharma is pending and that the other three convicts have no pending plea in any legal forum. Thus, the other three can be hanged on the scheduled execution date.
However, Advocate AP Singh, appearing on behalf of the convicts, sought sine die (without assigning a day for a further meeting or hearing) adjournment stating that some legal remedies are still available for the convicts. On the other hand, Advocate Vrinda Grover, appearing as Amicus Curiae for the convict, Mukesh stated that “There cannot be a severance of execution order. The death penalty is an irreversible process. It would be a travesty of justice if convicts are segregated in terms of sentence for the very same offense.”
Amicus curiae are someone who is not a party to a case and assists a court by offering information, expertise or insight into matters that have a bearing on the issues of the case.