18 December 2019
New Delhi: The Supreme Court on Wednesday dismissed the petition of Akshay Kumar Singh, one of the four convicts on death row, seeking review of death penalty handed down to him in Nirbhaya gang-rape and murder case.
A bench headed by Justice R. Banumathi observed that Akshay's review petition was similar to the petitions filed by the other convicts, which was dismissed by the top court in 2018. "We found no ground for review of the sentence", said the court.
Justice Banumathi said the bench has given due consideration to grounds, which the petitioner sought to assail evidence, and it is not permitted.
"These grounds were considered earlier. This cannot be allowed. All these have been examined in trial court, High court and the Supreme Court", said the court.
Justice Banumathi said the court examined the matter under parameters of review jurisdiction and it is not a rehearing of the case.
"Grounds and flaws in investigation raised by him, were earlier rejected (referring to the rejection of review petitions of three other accused)", said the court.
Akshay's lawyer contended before the court that his client wants to file a mercy petition before the President, and sought three weeks time.
Centre's counsel contested it stating the prescribed time limit is only one week. The top court refused to pass on order on the time limit to file a mercy petition before the President.
"We are not expressing a view in this regards, and the accused can avail the relief for mercy petition as per the stipulated time limit available in law", said the court.