One of the four convicts in the 2012 Delhi Nirbhaya Gangrape case have been shifted to the Tihar Jail in the capital on Tuesday. Three convicts- Mukesh Singh, Vinay Sharma and Akshay Thakur were already lodged in the Tihar Jail. The fourth convict Pawan Kumar Gupta has been shifted from the Mandoli Jail. He has been shifted to jail number 2.
This has led to intense speculations as to their imminent capital punishment which may be executed anytime soon.
The process to shift them to Jail number 3 is being carried out, even as repair works are being executed. Convicts awaiting capital punishment are normally transferred to Jail number 3 after their mercy petitions are rejected by the President of India. This jail is called the ‘Phansi Kothi’.
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The authorities are taking no chances in ensuring round the clock security for the convicts even as they fear attacks on them by the other prisoners. It may be recalled that the convicts were attacked in 2012 after they were brought to Tihar, by other prisoners who were aghast at the brutality of the crime committed.
Preparations are also being made to procure the special wax coated rope from Buxar central prison in Bihar, which is the only place which manufactures these ropes that assist in the hanging of convicts. The authorities have also stated that the services of a hangman may be acquired from other central prisons across the nation after assessing their availability.
The convicts will be hanged within 14 days after the warrant for their execution is issued by the local court.
The mercy petition of Vinay Sharma was rejected by the President of India last week. However, he contended that it was fraudulently moved by the Tihar Jail authorities without his permission. He intends to move the Supreme Court by filing a curative petition under Article 137 of the Indian Constitution.
Another convict Akshay Thakur has filed a Review petition in the Supreme Court.
It needs to be seen in view of these legal circumstances; will the authorities execute the capital punishment without giving an opportunity to the convicts to avail their fundamental rights under Article 21 of the Indian constitution. Experts are of the view that this will be against the spirit of the constitution and the principle of rule of law.
It was on December 16th, 2012 that a paramedic student was brutally gangraped by six individuals in a moving bus in the capital. This shocked the entire nation and forced the police to initiate an investigation. Six individuals were arrested immediately and convicted for their crimes. One convict hanged himself in prison and another was tried in accordance with the Juvenile Justice Act and was rehabilitated after serving three years in a juvenile home.
Penal laws related to women’s safety were amended after this incident on the recommendations of the Justice Verma committee report.