Nirbhaya case: Sena blames ‘loopholes’ in law for delay in execution

Mumbai, Mar 5 (Agencies): The Shiv Sena on Thursday lamented that the execution of convicts in the 2012 Nirbhaya gang rape and murder case has been being delayed due to “loopholes” in the judicial system.

Hope people will not lose faith in the judiciary because of the delay in implementation of punishment of the convicts who are facing the gallows in the Nirbhaya case, an editorial in Sena mouthpiece ‘Saamana’ said.

The execution of the death warrants of the four convicts – Mukesh Kumar Singh (32), Pawan (25), Vinay Sharma (26) and Akshay Kumar Singh (31) – has been deferred thrice so far due to delays by them in exhausting legal remedies. All the convicts in the case are to be hanged together.

The Shiv Sena said courts must have been “bound” by provisions of the existing laws. But, the implementation of punishment to the culprits should not be delayed when the country’s top court has upheld the hanging of the accused.

The President rejected their mercy petitions, their death warrants were issued and the date and time of the hanging was finalised, the Marathi daily noted.

 “The loopholes in the existing laws should not come in the way of implementation of the death sentence. Such unfortunate developments shouldn’t happen,” it said.

Wondering who should be blamed for this, the Sena said “unfortunately, what should not happen is happening” in the Nirbhaya case.

 “We hope peopledon’t lose trust in the judiciary because of the delay in hanging of the Nirbhaya case convicts,” the Uddhav Thackeray-led party said.

Due to the delay in delivery of justice, people feel that the “disha” shown by Andhra Pradesh, wherein the accused in a rape case were “killed by Hyderabad police”, should be implemented elsewhere, the Sena said.

The Andhra Pradesh government recently formulated the Disha Act that seeks to fast track cases of offences against women and children and award death penalty.

It was enacted as a tribute to a veterinary doctor who was brutally raped and murdered in Andhra Pradesh’s neighbouring Telangana in November last year.

The law mandates completion of investigation in cases of sexual offences within seven working days and the trial within 14 working days from the date of filing the charge sheet.

Four accused in the rape and murder of the veterinarian were killed in a police encounter on the outskirts of Hyderabad in December last year.

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