The Supreme Court Thursday refused to entertain the plea of Mukesh Singh, one of the four death-row convicts in the Nirbhaya gang rape and murder case, challenging the Delhi High Court order which rejected his claim that he was not in the city when at the time of crime on December 16, 2012.
A bench of Justices R Banumathi, Ashok Bhushan and A S Bopanna said the convict has exhausted all his remedies and no fresh evidence can be entertained at this level.
The bench said it does not find any merit in the plea and hence it cannot be entertained.
“The petitioner has raised points on the merits of the trial, that is there was no consideration of the evidence about medical status of accused. Has raised doubts about arrest of the accused from Karoli,” the bench said in its order.
It said the convict was given every opportunity to raise his points and he was duly heard.
“After the petitioner was afforded all opportunities and appeal process, the criminal appeal filed before this court was heard at length.
“All points raised by the accused were considered and appeal dismissed. Review petition, considered and dismissed. Therefore, instant petition is dismissed,” the bench said.
The petition sought recording of calls, documents and reports by an investigating agency like CBI and to declare that the convict has legal and constitutional rights to approach any court at any time even in the last minute of hanging.
It also sought a declaration that concealment of documents by the state in trial is a serious fraud which vitiates a trial being unfair.
Mukesh in his petition said that even after his execution, facts in the case must be examined judicially so in the future no “innocent be victim of failure of justice under media pressure”.
“Petitioner is not looking for any adjournment of execution of death warrant and seeking justice that even after his death truth will survive and justice is done and seen by the world that he was innocent,” the plea said.
The high court had on Wednesday said there were no grounds to interfere in the detailed and reasoned order of the trial court.
On Tuesday, the trial court dismissed Mukesh Singh’s plea and asked the Bar Council of India to appropriately sensitise his counsel.
On March 5, the trial court issued fresh warrants for hanging on March 20 at 5.30 am of all convicts in the case – Mukesh Singh (32), Pawan Gupta (25), Vinay Sharma (26) and Akshay Singh (31).