Delhi: Transfer case to another court, says mother of December 16 rape victim

Anand Mohan J
Tihar Jail authorities had on October 29 informed the four convicts on death row that they had “exhausted” all legal remedies, “except the provision of filing of mercy petition” before the President of India.

The mother of the December 16, 2012 gangrape-murder victim has moved an application before a Delhi court seeking transfer of her daughter’s case from a vacant fast track court to a competent court, so that the sentence awarded to four convicts can be carried out promptly.

The application was moved by her counsel, Jitender Kumar Jha and Seema Kushwaha, before District and Sessions Judge Yashwant Kumar.

The victim’s mother, in her application, highlighted that the Supreme Court had dismissed the pleas of three convicts seeking review of its 2017 judgment upholding capital punishment given to them by the Delhi High Court and the trial court. She further stated that she had “deep belief in the judicial system and thought that after the dismissal of the review petition by the Hon’ble Supreme Court, the sentence awarded by the convicts will be executed; but despite continous follow-ups by petitioners, the state machineries kept sleeping as if they are totally unaware of further proceedings".

“Fast track court of Additional Sessions Judge PK Jain has been vacant and she has waited for a successor judge to occupy the Chair... convicts have not preferred any remedy available in law and the sessions court is authorised to issue appropriate warrants so that the sentence awarded to the convicts may be carried out as early as possible, so that the society shall get the appropriate message,” her application states.

Speaking to The Indian Express, she said: “Two months have passed (since the previous judge vacated the court) and no new judge has come. I want this case to move forward.”

Advocate Jitender Kumar Jha said, “The court has asked central jail authorities to file a reply on November 19. The next date of hearing will be November 25.”

Tihar Jail authorities had on October 29 informed the four convicts on death row that they had “exhausted” all legal remedies, “except the provision of filing of mercy petition” before the President of India. And if they do not file a mercy petition within seven days, the “jail administration will initiate further necessary legal proceedings as per law”.

The notice to the four convicts — Mukesh (31), Pawan Gupta (24), Vinay Sharma (25) and Akshay Kumar Singh (33) — was signed by the Superintendent, Central Jail No. 2, Tihar Jail.

Advocate A P Singh, counsel for Pawan, Vinay and Akshay, told The Sunday Express that he has filed his reply to the notice. “I have informed the jail authorities that a robbery case against the four convicts is pending before the Delhi High Court. There is a matter pending before the High Court on the issue of Pawan Gupta’s juvenility. Akshay Kumar Singh’s curative petition is also to be filed before the Supreme Court.”

Advocate M L Sharma, counsel for convict Mukesh, said, “I will file a petition before the Supreme Court very soon.”