September    2020

Nirbhaya convicts: SC says organ donation should be voluntary

New Delhi: The Supreme Court on Monday rejected a PIL by former Bombay High Court judge Michael Saldanha, seeking directions for donation of organs by four convicts in the 2012 Nirbhaya gang-rape and murder case. "death is the saddest part and the organ donation has to be voluntary."  SC said.

A bench headed by Justice R. Banumathi rejecting the petition asked the petitioner to "have human approach". Saldana in the petition contended that the apex court may pass directions to the Tihar jail authorities, where four death row convicts are currently lodged and to give them an option to offer their bodies for medical research and also donate their organs in an effort to save lives. The petitioner also urged the SC to consider the desirability of making it as a condition in cases where convicts are on death row. All four death row convicts have exhausted all the legal remedies available for death row convicts.

Earlier today, the top court rejected a curative petition by Pawan Gupta, one of the four convicts, a day before the four convicts are scheduled to be executed. Gupta, 25, was the lone convict in the case who had not exhausted his legal options of a curative petition.

A fresh date of execution of death warrant was issued by the trial court on February 17. The trial court fixed the execution on March 3 at 6 am for the four convicts -- Mukesh Kumar Singh (32), Pawan (25), Vinay Kumar Sharma (26) and Akshay Singh (31) -- in the Nirbhaya gang rape and murder case.  The President has rejected the mercy petitions of three convicts -- Mukesh, Vinay and Akshay. Gupta has also filed a mercy plea before the President.

A death warrant was issued against Kumar along with three other condemned prisoners for the execution of death sentence on March 3. Advocate A.P. Singh, representing Kumar, said he was a juvenile during the time of the commission of the offence, and the death penalty should not awarded to him.

Singh also sought a stay on the execution of the black warrant on the hanging issued by the trial court.

He is the only convict who is yet to exhaust all legal remedies -- the curative petition, which is the final legal remedy available, and the filing the mercy petition before the President.

"Our main contention is that at the time of the commission of the offence, Pawan was attending a musical programme",  said Singh who spoke about how  there have been many errors in the previous judgements and he expected through this curative petition those errors are amended.

The top court had earlier dismissed separate pleas filed by Mukesh and Vinay challenging the decision of the President to reject their mercy petitions. Akshay is yet to challenge the rejection of his mercy petition.


Source: IANS

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