Likely the Nirbhaya gang-rape convicts not be able to be hanged on January 22 for 'these reasons'
Wednesday - January 8, 2020 1:21 pm ,
Category : WTN SPECIAL
Death warrant issued against Nirbhaya gang-rape convicts
Maybe the hanging date of Nirbhaya gang-rape convicts postpones
JAN 08 (WTN) - In the Nirbhaya gang-rape case which has shaken the entire country, the Patiala House Court has finally issued a Death Warrant against the four convicts. That is, the hanging sentence and date and time for the four convicts in the Nirbhaya gang-rape case have been fixed. According to the Death Warrant, the four convicts will be hanged on 22 January 2020 at7 am. By the way, the whole country was waiting for a long time when the Death Warrant is issued for the accused of gang rape.
But if we tell you that it is not necessary that the four convicts are hanged on January 22, so you must have been surprised to read this. Actually, due to many legal procedures, the date of execution of the culprits may be extended. At this time, a death warrant has been issued for the death penalty of the four convicts. After all, what is the meant of the Death Warrant; let us first tell you about it in detail.
For your information, let us know that there are 56 forms under the Code of Criminal Procedure-1973, i.e. Criminal Procedure Code - 1973 (CrPC). Form number- 42 is called Death Warrant. Above this form number 42 is written, "Warrant of Execution of a Sentence of Death." In legal language, it is also known as Death Warrant or Black Warrant. Explain that a person is hanged only after the death warrant is issued.
The Death Warrant form issued for a convict to be hanged includes the jail number, case number, names of the culprit, the date of the issuance of the death warrant, the date of execution as well as the time and place of execution is written. Let us tell you that in the Death Warrant, it is clearly written that the prisoner should be hanged till death.
A court-issued Death Warrant reaches the prison administration directly. After the execution, certificates related to the death of the prisoner are given in the court, after which the Death Warrant is returned. Explain that as soon as the Death Warrant reaches the jail, the jail administration starts its preparations to hang the convict. After getting the Death Warrant, the jail administration has to inform the kin of the convicts. The family of the accused is given information so that his family can meet him before hanging him.
On the other hand, if the jail administration wants, then after the hanging of the culprits, the dead body can be handed over to the family after the hanging. Explain that the court sends a Death Warrant i.e. Black Warrant addressing the jail in-charge where the convict has been incarcerated. Explain that the Black Warrant also carries the signature of the trial court judge who had convicted the offender and sentenced him to death.
That is, it is almost certain till now that Nirbhaya gang-rape convicts will be hanged at 7 am on January 22, but even after the Death Warrant is issued, these convicts have 14 days. In these 14 days, they also have many rights, through which they can postpone the date of execution, or they can get an exemption for hanging. Explain that even if these convicts will file a curative petition in the Supreme Court, and the court does not give a verdict in 14 days, then the date of execution can still be extended. Apart from this, it is not possible to hang these convicts on January 22 even if they once again apply mercy petition to the President, and if there is no reply on the mercy petition from the President before hanging time.
Let you know that the Patiala House Court issue a death warrant, giving the four convicts 7 days' time to challenge this decision. That is the four convicts can also challenge this death warrant in the upper court. On the other hand, even if they do not challenge the four death warrants, they can go to the Supreme Court by taking the lifeline of the curative petition, and for this, they also have 7 days' time.
At the same time, after the curative petition is filed, the Supreme Court can hear it on the very next day or can give a further date. That is, it cannot be said that on January 22, the accused of the Nirbhaya gang-rape will be hanged. On the other hand, if the curative petition is dismissed from the Supreme Court, then these four convicts can once again apply a mercy petition to the President.
To send a mercy petition to the President, these four convicts will first sign the mercy petition themselves, after which the Tihar Jail administration will send this mercy petition to the Delhi government? After receiving the mercy petition, the Delhi government will send it to the Ministry of Home Affairs with its opinion. The Ministry of Home Affairs will also send it to Rashtrapati Bhavan with its opinion. Whatever decision the President takes on this mercy petition, the order will return to Tihar Jail after his signature.
That is, it can take at least more than 10 days for the curative petition and the President to send mercy petition and then waiting for his denial or acceptance on the plea, so it seems that there is less possibility of the accused of Nirbhaya gang rape to be hanged at 7 am on January 22.
JAN 08 (WTN) - In the Nirbhaya gang-rape case which has shaken the entire country, the Patiala House Court has finally issued a Death Warrant against the four convicts. That is, the hanging sentence and date and time for the four convicts in the Nirbhaya gang-rape case have been fixed. According to the Death Warrant, the four convicts will be hanged on 22 January 2020 at7 am. By the way, the whole country was waiting for a long time when the Death Warrant is issued for the accused of gang rape.
But if we tell you that it is not necessary that the four convicts are hanged on January 22, so you must have been surprised to read this. Actually, due to many legal procedures, the date of execution of the culprits may be extended. At this time, a death warrant has been issued for the death penalty of the four convicts. After all, what is the meant of the Death Warrant; let us first tell you about it in detail.
For your information, let us know that there are 56 forms under the Code of Criminal Procedure-1973, i.e. Criminal Procedure Code - 1973 (CrPC). Form number- 42 is called Death Warrant. Above this form number 42 is written, "Warrant of Execution of a Sentence of Death." In legal language, it is also known as Death Warrant or Black Warrant. Explain that a person is hanged only after the death warrant is issued.
The Death Warrant form issued for a convict to be hanged includes the jail number, case number, names of the culprit, the date of the issuance of the death warrant, the date of execution as well as the time and place of execution is written. Let us tell you that in the Death Warrant, it is clearly written that the prisoner should be hanged till death.
A court-issued Death Warrant reaches the prison administration directly. After the execution, certificates related to the death of the prisoner are given in the court, after which the Death Warrant is returned. Explain that as soon as the Death Warrant reaches the jail, the jail administration starts its preparations to hang the convict. After getting the Death Warrant, the jail administration has to inform the kin of the convicts. The family of the accused is given information so that his family can meet him before hanging him.
On the other hand, if the jail administration wants, then after the hanging of the culprits, the dead body can be handed over to the family after the hanging. Explain that the court sends a Death Warrant i.e. Black Warrant addressing the jail in-charge where the convict has been incarcerated. Explain that the Black Warrant also carries the signature of the trial court judge who had convicted the offender and sentenced him to death.
That is, it is almost certain till now that Nirbhaya gang-rape convicts will be hanged at 7 am on January 22, but even after the Death Warrant is issued, these convicts have 14 days. In these 14 days, they also have many rights, through which they can postpone the date of execution, or they can get an exemption for hanging. Explain that even if these convicts will file a curative petition in the Supreme Court, and the court does not give a verdict in 14 days, then the date of execution can still be extended. Apart from this, it is not possible to hang these convicts on January 22 even if they once again apply mercy petition to the President, and if there is no reply on the mercy petition from the President before hanging time.
Let you know that the Patiala House Court issue a death warrant, giving the four convicts 7 days' time to challenge this decision. That is the four convicts can also challenge this death warrant in the upper court. On the other hand, even if they do not challenge the four death warrants, they can go to the Supreme Court by taking the lifeline of the curative petition, and for this, they also have 7 days' time.
At the same time, after the curative petition is filed, the Supreme Court can hear it on the very next day or can give a further date. That is, it cannot be said that on January 22, the accused of the Nirbhaya gang-rape will be hanged. On the other hand, if the curative petition is dismissed from the Supreme Court, then these four convicts can once again apply a mercy petition to the President.
To send a mercy petition to the President, these four convicts will first sign the mercy petition themselves, after which the Tihar Jail administration will send this mercy petition to the Delhi government? After receiving the mercy petition, the Delhi government will send it to the Ministry of Home Affairs with its opinion. The Ministry of Home Affairs will also send it to Rashtrapati Bhavan with its opinion. Whatever decision the President takes on this mercy petition, the order will return to Tihar Jail after his signature.
That is, it can take at least more than 10 days for the curative petition and the President to send mercy petition and then waiting for his denial or acceptance on the plea, so it seems that there is less possibility of the accused of Nirbhaya gang rape to be hanged at 7 am on January 22.
