A Delhi court on Wednesday did not issue death warrants against the death-row convicts in the Nirbhaya rape case but directed the Tihar jail authorities to issue a fresh notice of one week to them on whether or not they want to file the mercy petition.
Additional Sessions Judge (ASG) Satish Kumar Arora of the Patiala House Court, after hearing the prosecution, defence and Amicus curiae, posted the matter for further hearing to January 7.
The court was hearing a plea seeking issuance of death warrant against the four convicts in the case.
Anticipating death warrant against the accused, Nirbhaya's mother, Asha Devi, broke down in the court, following which a judge consoled her and said, "I have full sympathy with you. I know someone has died but there are their rights too. We are here to listen to you but are also bound by the law."
Four convicts - Akshay, Mukesh, Akshay and Pawan are facing the gallows for rape and murder of a 23-year-old paramedical student in a moving bus on the night of December 16, 2012.
During the course of proceedings, Tihar Jail authorities said that Mukesh and Akshay "do not want to file the mercy right now".
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The Public prosecutor argued that the pendency of the mercy petitions or the fact that they want to file mercy petitions does not "preclude the court from issuing a death warrant" and cited several supportive judgements in this regard.
In 2013, a fast-track court had held the four condemned men guilty in the case. Their conviction was also upheld by the Delhi High Court and Supreme Court later.
Mukesh, Pawan and Vinay had filed the review petition last year but it was rejected by the apex court. As a last resort, Vinay, filed a mercy petition last month, but later sought to withdraw it.
Meanwhile, a Delhi court is also slated to hear a petition seeking issuance of death warrants against the four convicts today.
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