Delhi High Court has reserved order in a plea moved by one of the convicts Mukesh seeking the trial court order dated 10/09/2013, wherein he was convicted for the rape and murder of Nirbhaya, to be declared as invalid on the ground of concealment of vital documents.
The Single Bench of Justice Brijesh Sethi has reserved the order after providing adequate hearing to convict's counsel ML Sharma.
ML Sharma had challenged the order passed by Additional Sessions Judge Dharmender Rana wherein the said application was rejected.
The trial court had also asked Bar Council of India to take note of ML Sharma's conduct and take appropriate measures for sensitisation of lawyers.
The Petitioner had submitted that there are various documents that show that one of the convicts, Mukesh, had filed multiple complaints claiming that he was subjected to torture inside the prison.
As per the application, the complaints against torture against Mukesh were forwarded to the following authorities by ex-military soldier Bhagwan Singh:
Further, he also claimed that a sum of ₹4 crores were given to the victim's family during the trial.
While alleging that the state knowingly and deliberately concealed some documents in the trial, and consequently, obtained the final order of death warrant against the convict.
This alleged concealment of documents, as per the Petitioner vitiates the trial against Mukesh as per section 41 of the Evidence Act.
Moreover, it is submitted that alleged torture committed against the convict violated his fundamental rights under Articles 21 and 23 of the Constitution.
'The impugned action for concealment of the facts and documents is a serious fraud upon the court and also hit Art 21, 22 (1) and 23 of the constitution of India. Its vitiate trial qua to the Mukesh', the petition states.
In light of these claims, the Petitioner had asked the court to declare the trial court order dated 10/09/2019 to be vitiated so far as its operation on Mukesh is concerned.
As per the death warrant issued by the trial court, all the four convicts are scheduled to be hanged on March 20, 5:30 in the morning.