Nirbhaya gang rape case: Legal options before four convicts

The matter was heard by the apex court bench headed by Justice Dipak Misra. Justices R. Banumathi and Ashok Bhushan were the other members.

Published: 05th May 2017 03:48 PM  |   Last Updated: 05th May 2017 04:04 PM   |  A+A-

A view of the Supreme Court during the Delhi gang rape case hearing in New Delhi on Friday. | (Shekhar Yadav | EPS)

By Online Desk

The Supreme Court on Friday upheld the death sentence of the four convicts in the gruesome gang rape and murder of nursing student in New Delhi on December 16, 2012.

The matter was heard by the apex court bench headed by Justice Dipak Misra. Justices R. Banumathi and Ashok Bhushan were the other members.

However, there are a few legal options before the four convicts, Akshay, Pawan, Vinay Sharma, and Mukesh to challenge the death row.

1) The convicts have the option to file for a review petition.

2) The bench hearing the review petition must be larger than the bench that gave the death penalty. Particularly in this case, more than three judges are required in the review panel.

3) In case they fail to get reprieve, they can file for a curative petition, according to which the four will be entitled to any relief against the final judgement/order of the Supreme Court, in case of the dismissal of the review petition.
 
4) Lastly, the convicts will also be allowed to file for presidential mercy petition. According to this, under article 72 of the Constitution, the President can grant pardon, and suspend, remit or commute a sentence of death. However, he has to act on the advice of the council of ministers, and cannot exercise this power on his own.

Earlier, the convicts - Akshay, Pawan, Vinay Sharma and Mukesh - had challenged the Delhi High Court order which had awarded them death sentence.

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