New Delhi, March 6 – The nation is busy dissecting Nirbhaya case death row convict Mukesh Singh’s insensitive remarks to a BBC film-maker, but the case hasn’t moved an inch in the Supreme Court in the past year.
Apparently stirred by the ongoing debate, Supreme Court Bar Association (SCBA) president Dushyant Dave has now reminded the apex court regarding the delay in disposing of the case.
The fast-track court, which began trial proceedings in the case on January 17, 2013, took just eight months to hand out death sentences to all the accused. For its part, the Delhi High Court heard the convicts’ appeals and confirmed capital punishment for them, all of it within six months.
But the case is stuck ever since the convicts moved the apex court on March 15, 2014, two days after their sentence was upheld by the high court. The top court needs to further confirm their sentences after hearing their appeals.
Delay:
All that the Supreme Court has done so far, as per the procedure, is to stay the hanging of the convicts till a decision is reached on their appeals. The delay is ostensibly on account of the nation’s apex court and its registry not getting sufficient time to set up a special bench to hear the case.
An order posted on the Supreme Court’s website on August 25, 2014, when a bench headed by Justices Ranjana Prakash Desai and N. V. Ramana took up the case and adjourned it for a later date, reads:
“Mr. Sidharth Luthra, the learned senior counsel appearing for the N.C.T. of Delhi, informs the court that the death sentence has been awarded to the accused in this matter. He states that as per new amendment to the Supreme Court Rules, 2013, these matters must go before a three-judge Bench of this Court. The Registry is to take steps accordingly.”
No hearing:
There has been no hearing after that and no fresh date has also been given. “The delay is inexplicable. The brutal gang rape and murder shook the conscience of the Indian society. I wonder if the incident has not shaken the conscience of the judges of the Supreme Court. The delay reflects mismanagement of the board (volume of cases) by the court and its registry.
Obviously priority needs to be given to such matters and a decision taken one way or the other,” Dave told MAIL TODAY. “See how certain cases – like the 2G scam, coal scam – get urgent hearing .. bail applications of politicians are being decided expeditiously.
I would also like to say that the SCBA is meeting on March 10 to pass a Nirbhaya still resolution on the manner of hearing of matters by some of the judges in a hurried and selected manner. Several priority matters do not get speedy hearing,” Dave added.
Nirbhaya’s father also has some sharp words on the issue: “Our judicial system has disappointed us. Our case is pending in courts for more than two years; it’s the third year now. It’s been (pending for) one year in the Supreme Court.
Not even a single hearing has taken place and we have no idea when it will happen. If such a case is dealt with so lightly by a court, can you imagine what happens to the other cases?”
Nirbhaya’s parents have also expressed anger against those who had interviewed the convict. The BBC interview, which has been aired in certain western countries, went viral in India through social networking sites.
It shows Mukesh, who was driving the bus in which Nirbhaya was gangraped on the night of December 16, 2012, as saying: “A decent girl won’t roam around at 9 o’clock at night. A girl is far more responsible for rape than a boy.”
Shockingly, Mukesh also blamed the physiotherapy student for their savagery and said she “shouldn’t have fought back while being raped”. The 23-year-old woman was brutally assaulted and tortured with an iron rod in a moving bus by five men and a 17-year-old.
Mukesh, who has admitted to driving the bus but denied raping the woman, is one of the four men sentenced to death for the killing that sparked worldwide condemnation and spurred major changes in Indian laws.
-INDIA TODAY
