On 6 February, the Tihar Jail authorities moved to Delhi’s Patiala House Courts under Section 413 of the Code of Criminal Procedure, seeking a date for the execution of the four death row convicts in the Nirbhaya gangrape case.
Earlier on 7 January 2020, the Delhi Court had issued a death warrant against the four convicts, to be scheduled for 22 January 2020. However, a fresh death warrant was issued, since one of the Mukesh’s mercy plea was rejected by the President. As per rules, a period of 14 days was to be given to the convicts between the rejection of mercy plea and the execution date. Subsequently, a fresh death warrant was issued on 17 January as per which the execution date was scheduled for 1 February. Thereafter, on January 31, the Court had stayed the execution of Nirbhaya convicts till further orders given the pendency of one of the convict Vinay’s mercy plea.
Subsequently, on 5 February the Delhi High Court declined the Union government’s plea to set aside the trial court order, which had deferred the hanging of the convicts till further orders and also to separately execute the death row convicts since they were convicted for the same crime in the Nirbhaya case. Further, the court directed the four convicts to exhaust their remaining legal remedies within 7 days after which the authorities will act as per law.