Delhi 2012 gangrape-murder case: All options exhausted, convicts move ICJ seeking stay on execution

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Updated: March 16, 2020 5:09 PM

During the last hearing, the Delhi government had told the convicts that they had exhausted all their legal remedies and now the execution could be carried out.

The death warrant has been issued against four convicts but only three have approached the international court.

Delhi gang rape and murder case: In what can be termed as yet another delay tactic, three of the four gang convicts in the horrific rape and murder of a paramedical accused have now moved the International Court of Justice seeking stay on the execution of their death sentence. The court has fixed March 20 date for the execution of their death sentences. This is the fourth date after three initial dates were postponed as the convicts had some legal remedies left.

Speaking to media, AP Singh,convicts’ lawyer said that the NRIs and their organisations were watching the case. He said that the copies of petitions by different organisations came which demanded that case’s records be put before ICJ, urgent hearing be done and death warrant be stayed. “We trust Indian judiciary but they don’t, they have knocked ICJ’s doors,” he said.

During the last hearing, the Delhi government had told the convicts that they had exhausted all their legal remedies and now the execution could be carried out. However, the convicts again filed curative and mercy petitions. But now that all their petitions have been rejected, the convicts have now moved ICJ.

The death warrant has been issued against four convicts but only three have approached the international court.

The convicts are unlikely to get any reprieve as the ICJ does not deal with individual cases. As per the ICJ, only states (nations) are eligible to appear before the court in contentious cases. The ICJ has no jurisdiction to deal with petitions from individuals, non-governmental organisations or any other private entity. The international court cannot provide private entities, including NGOs with legal advice or help.

In this case, the court has ruled that all the convicts will be hanged together. On January 7, the first death warrant was issued fixing the date for execution January 22. Then it was postponed to February 1. The third death warrant set the date March 3 for the execution but it was again postponed to March 20.

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