'Review Doesn't Mean Re-hearing': Supreme Court Dismisses Plea of Nirbhaya Convict
On Tuesday, Chief Justice of India SA Bobde had recused himself from hearing the petition and adjourned the matter till Wednesday.
Image for Representation.
New Delhi: The Supreme Court on Wednesday dismissed the plea filed by one of the four convicts in the Nirbhaya gang rape and murder case, seeking review of its 2017 judgement upholding his death penalty.
A three-judge bench headed by Justice R Banumathi said there are no ground to review the 2017 verdict and the contentions raised by convict Akshay Kumar Singh were already considered by the top court in the main judgement.
The bench also comprising justices Ashok Bhushan and A S Bopanna, said that review petition is not "re-hearing of appeal over and over again" and the top court had already considered the mitigating and aggravating circumstances while upholding the death penalty to the convict in the 2017 verdict.
The apex court said that it found "no error" on the face of the main judgement requiring any review.
As soon as the bench pronounced the verdict, advocate A P Singh, appearing for convict Akshay, sought three weeks time to file mercy petition before the President.
Solicitor General Tushar Mehta, appearing for the Delhi government, told the bench that one week time is prescribed under the law for filing mercy petition.
"We are not expressing our view in this regard. If as per the law any time is available to the petitioner, it is for the petitioner to avail the remedy of filing mercy petition within that stipulated time," the bench said.
Reacting to the verdict, Nirbhaya's mother Asha Devi called it a "step closer to justice".
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