Gupta's plea to be a minor has been rejected. Let me tell you that Pawan had filed a petition saying that he was a minor at the time of the crime. The court rejected the petition and said that if you keep filing this application then it will be an endless process.
The decision of the 3-judge bench, while a three-judge bench headed by Justice Bhanumathi, while hearing Pawan's plea, reserved the decision till 2.30 pm. Pawan said in the application to the Supreme Court that he had already told the Delhi High Court, but the High Court ignored this fact. Dismissing this argument, the Delhi High Court, on 19 December 2019, also imposed a fine of Rs 25,000 on Pawan's lawyer.
During the hearing of the case, his lawyer AP Singh, on behalf of the petitioner Pawan Gupta, argued that Pawan Gupta was a minor when the crime was committed in December 2012 and his plea was wrongly denied by the High Court. Pawan Gupta's plea could not be presented in the lower court. He was not a lawyer then. In this case, the concerned authority should be asked not to hang Pawan.
During the hearing of the case, Pawan's lawyer said that Pawan's date of birth is 8 October 1996 and thus he was a minor when the crime took place in December 2012. For this the school certificate was presented and it was said that these documents are new facts. But Justice R. Bhanumati questioned that this document is from 2017 and the court had already sentenced it by then. AP Singh said that Delhi Police did not deliberately put this document on record and this conspiracy has taken place.
The court then questioned that but during the review petition review, you had raised the same question and are again raising questions. Then Solicitor General Tushar Mehta said that this question was raised during the review petition hearing but the court dismissed the review petition on 9 July 2018. Justice Bhanumathi said that you have also raised the issue earlier and got rejected in this way, if you continue to file the application then there will be an endless process. You have already raised this issue in the trial court, high court and the Supreme Court.
Pawan's review petition has been dismissed
Government lawyer Tushar Mehta said that Pawan's birth certificate was presented and it proved that he was not a minor. In July 2018, the Supreme Court ruled on review petition and rejected the claim of being a minor. The court said that a review is not required on this basis. After the arguments, the court reserved the verdict to pronounce the verdict after lunch. After lunch, Supreme Court gave its verdict and rejected the application. The review petition filed by Pawan, Mukesh, Akshay and Vinay has already been rejected.
The incident took place on December 16, 2012
Remember that on December 16, 2012, one of the six convicts involved in a heinous crime incident with a psychiatric intern, Nirbhaya, has got the benefit of being a minor at the time of the incident and has escaped from jail after serving a sentence of just three years. Ram Singh committed suicide in prison. A death warrant of 1 February has been issued for hanging the remaining four convicts, Mukesh, Vinay Sharma, Akshay Thakur and Pawan Gupta.
All the culprits are bent on postponing the execution
The hanging time has been fixed at 6 am in the Death Warrant, which was re-issued from Patilaya House Court in Delhi. Earlier, the January 22 death warrant was issued when the guilty Mukesh filed a mercy petition with the President. However, when the Tihar Jail authorities informed the court that Mukesh's mercy petition was rejected by the President, the court issued a new death warrant of 1 February. In the same sequence, Pawan filed an application in the Supreme Court, pleading with Nirbhaya to be a minor during his imprisonment. At the same time, Pawan, Vinay and Akshay still have the option to file mercy petition.
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