New Delhi: A Delhi court on Thursday adjourned till February 17 hearing on a petition seeking issuance of death warrant in Nirbhaya rape case, observing that condemned convicts are entitled to exhaust their legal remedies and it cannot afford to ignore their fundamental rights.
“Article 21 protects the life and liberty of condemned convicts till last breath. The condemned convicts are entitled to exhaust the legal remedies and the court cannot afford to ignore heir fundamental rights,” Additional Sessions Judge Dharmendra Rana said.
The court also asked the new counsel representing a death-row convict, Pawan, to study the matter.
The court on Wednesday gave liberty to Pawan to choose his own counsel after his lawyer, A.P. Singh, refused to represent him in the matter.
The court directed the death-row convict to select his counsel from the list of empanelled advocates of the Delhi State Legal Service Authority.
The case pertains to the gang-rape and murder of a 23-year-old girl in the national capital in December 2012.
Out of the four convicts, Pawan is the only one who has not yet availed of the remedy of either curative or mercy petitions, which will be the last judicial and constitutional resort available to him.
Court appoints lawyer to represent death-row convict
The Delhi court appointed advocate Ravi Qazi to represent one of the death-row convicts, Pawan Gupta, in the Nirbhaya rape and murder case after his erstwhile lawyer denied him legal aid.
The court gave Pawan the “liberty to choose” his counsel from the list of empanelled advocates of the Delhi State Legal Service Authority on Wednesday.
Additional Sessions Judge Dharmender Rana appointed Qazi after he was apprised that the death-row convict has refused to avail legal aid offered by DSLA.
Public Prosecutor Irfan Ahmad told the court, “The jail authorities approached Pawan but he refused to take legal aid and specifically said that he will not opt for a government lawyer.”
The case pertains to the gang-rape and murder of a 23-year-old girl in the national capital in December 2012.
Out of the four convicts, Pawan is the only one who has not yet availed of the remedy of either curative or mercy petitions, which will be the last judicial and constitutional resort available to him.
