[Live Updates] Nirbhaya Case : Delhi HC Hearing Against Stay On Execution

John argues that the state can't say that 'it's over, done with, go hang', when the legal remedies of all the convicts are still not completely exhausted

John submits that mercy petitions must contain certain common facts. Therefore, it's wrong to say that President's decision on the mercy plea of one of the convicts will have no impact on the mercy petitions of other convicts.

John cites Shatrughan Chauhan v. UOI to argue that President while deciding mercy, acts in his executive capacity, and doesn't exercise any judicial function.

John submits that these convicts are entitled to protection of Art 21 even if, for the arguments sake, they have caused delays or have committed the most heinous crime

'All procedures, no matter what the stage is, must be just, fair, and reasonable' - Rebecca John

John submits that the court is not saying that it will never issue a death warrant. It is simply saying that let the legal remedies get over, update the court, and then the action will be taken.

'What explains the hurry', she asks

John argues that the trial court in its earlier order, dated 17/1/20, had a passed a common order for all the convicts despite the fact that mercy was rejected for only one of the convicts.

John argues that there must be an affirmative power to separately hang co-convicts. That power is absent in the Delhi Prison Rules

John reads out the common sentence order of the trial court to argue that when all the convicts were sentenced through a common order, can they be hanged separately?

'Common sentence order, common execution', she submits

John cites sec 28(2) of CrPC to argue that one common sentencing order was passed by the trial court in the present case. Moreover, the convicts were charged for having common intention to hatch a criminal conspiracy.