Three out of the four convicts of the December 16, 2012 gangrape case on Tuesday told the Tihar jail authorities that they want to avail legal remedies available to them before applying for mercy before the President.
In their replies, filed through lawyer AP Singh, the convicts Pawan, Vinay and Akshay have told the prison authorities that they still have the option of filing a curative petition after the Supreme Court dismissed their review petitions. They said they cannot file a mercy petition before the President till all their legal remedies are exhausted.
The Supreme Court has last week dismissed the review petition filed by the convict Akshay Kumar Singh. Upon asking why the curative petitions had not been filed so far for the convicts, advocate AP Singh said, "Financial constraints in the families of both Akshay and Vinay has hampered filing of curative petitions." Singh said that he would file the curative petitions for all the three after the winter vacations.
Besides these legal remedies, a complaint is also pending in a city court seeking to initiate perjury proceedings against the solo eye-witness claiming that he gave motivated statements by taking bribes.
Senior advocate Vikas Pahwa says that the convicts can avail curative petitions after the dismissal of the review pleas. However, that should be treated as a rarity and not a regular remedy. But there is no time frame to file the curative petitions as it should be done in a time-bound manner. Also there is no time limit for deciding the mercy petitions, which is why there are so many such pleas pending before the President.
Tags : #delhigangrape #16december #crime #supremecourt