[Nirbhaya Case] SC Hearing On Centre's Plea For Execution Of Convicts [Live Updates]

Justice Bhushan- If he files, of course he'll have to be given time.

SG- Please see, he's under a direction to file within a week.

SG- Even Pawan was heard before this (HC) order was passed. So he knew there was a week to file. This is strategic inaction.

SG- But trial court says it's sinful to issue death warrant. What do I do?

Justice Bhushan- But that's when mercy was pending

SG- no no. It was the same situation as now

Justice Bhushan remarks that mercy petition could be bar to execution.

SG- Yes. But qua the persons who filed the petition. Not all the others. Mercy can bar execution of death warrant against that individual. But HC says it's a bar on all of them

SG seeks clarification that any further filing petition by any of the convicts will not be a bar for execution of death warrant.

SG says that even if death warrant is issued now, if Pawan files a mercy petition, proceedings will be stalled again.

He seeks an order saying that now if anyone files anything, that will not cause an impediment

Justice Bhushan asks what is the impediment now in getting death warrants issued, as no legal proceedings are pending, and the time granted by HC has lapsed.

Bhushan J-but you can go to trial court and ask for a fresh warrant. No one can force someone to file something

SG- Trial court suspends death warrant. HC gives one week. Can I go to trial court now?

Justice Ashok Bhushan to Solicitor General : Your chart shows 3 mercy petitions have been rejected. Pawan hasn't filed. Why don't you file for fresh death warrant?