The Delhi High Court on Wednesday (15 January) refused to set aside the death warrant issued against Nirbhaya death row convict Mukesh. "There is nothing wrong with the trial court's order," it said.
The HC, however said the convict was free to move the trial court as the death warrant was issued by it. "Apprise the trial court about the mercy plea pending," the division bench of the court presided by Justices Manmohan and Sangita Dhingra Saihgal.
This decision came after the Delhi government told the High Court, execution of the 2012 Nirbhaya gang-rape and murder convicts will not be done on 22 January due to the mercy plea.
The centre and the Delhi government, pointing out that the petition filed by him was still premature, told the Justices that the execution of the death warrant could not be done.
As per death warrants issued by a Delhi court on 7 January, the four convicts -- Vinay Sharma (26), Mukesh Kumar (32), Akshay Kumar Singh (31) and Pawan Gupta (25) -- are scheduled to be hanged on 22 January at 7:00am in Tihar jail.
Mukesh, one of the four convicts in the Nirbhaya gang-rape and murder case, on Tuesday had moved the Delhi High Court challenging the death warrant issued against him.
As per the rules, even if a mercy plea is rejected, a convict is required to be given 14 days’ notice before execution.
(With inputs from IANS, PTI)