A day before the scheduled execution of death warrant in the Nirbhaya case, a 5-judge bench of the Supreme Court on Monday dismissed the curative petition filed by convict Pawan Kumar Gupta seeking commutation of death sentence.
The bench comprising Justices N V Ramana, Arun Mishra, R F Narima, R Banumathi and Ashok Bhushan held that no ground was made out for interference.
This is the last legal remedy available for Pawan.
"We have gone through the Curative Petition and the relevant documents. In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra vs. Ashok Hurra & Another, reported in 2002 (4) SCC 388. Hence, the Curative Petition is dismissed", the bench said in the order.
The curative petitions of the other three convicts - Mukesh Singh, Vinay Sharma and Akshay Kumar- were earlier dismissed by the same bench.
Pawan Gupta had also attempted to raise a claim that he was a juvenile at the time of the offence. But the plea of juvenility was rejected concurrently by the Trial Court, Delhi High Court and also the Apex Court.
The death penalty was upheld by the Supreme Court on May 5, 2017. Later, in July 2018, the SC dismissed the review petitions filed by Mukesh, Vinay and Pawan. In December last year, the review petition of Akshay was dismissed.
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