Amidst rising cases of rapes being reported from across the country, the reminiscence of the gruesome Nirbhaya rape has not been settled ultimately. One of the convicts who is also convicted for the murder of the twenty-three-year-old paramedic student has filed a mercy petition before the current President, Mr Ram Nath Kovind. In response to the said mercy petition filed by a convict, the Delhi government has strongly recommended the President to reject the said petition. They have noted their recommendations to Lt. Governor Anil Baijal. Sources say that the Delhi Home Minister Satyendra Jain has moved the file in consultation with the Delhi Chief Minister Arvind Kejriwal. Earlier with the trial completion, Vinay Sharma along with other convicts of the gang rape case was sent to the gallows. The offence of rape is seen to be one of the gravest and heinous crime perpetuating extreme brutality. Thus, the Delhi Government has recommended that the case be met with exemplary punishment as it will deter other probable perpetrators from attempting to commit such atrocious crimes. The Delhi home minister has also stated that the mercy petition lacks merit and rejection of the mercy plea is strongly recommended.
It is being said that the file with the noting of the Delhi chief minister, Arvind Kejriwal recommending rejection of the mercy plea will be sent to the lieutenant governor. After further consideration of the LG office, it will be sent to the Union Ministry of Home Affairs once the recommendations of the Delhi LG has been noted. Vinay Sharma is being lodged in the Tihar Jail since his arrest. Though Vinay has filed for a mercy plea, another convict in the matter Mukesh has refused to take recourse of such a legal remedy.
The incidents of the Nirbhaya Gangrape was gruesome when a paramedic girl student was brutally raped on the night of December 16-17, 2012. It is said that she was raped inside a running bus in south Delhi by six people, severely assaulted and thrown out from the bus on the road. After the incident, she was admitted to the Safdarjung Hospital. She was airlifted and shifted to the Mount Elizabeth Hospital in Singapore and died due to the internal and external injuries on December 29, 2012. Of the four accused, one Ram Singh hanged himself and committed suicide before the trial could be completed and another was a juvenile. The juvenile-accused was convicted of rape and murder, and the hearing was held as per the Juvenile Justice Act. He was awarded a maximum sentence of three years’ imprisonment in a reform facility. The fourth accused, one Akshay Singh has preferred not to file a review plea in the apex court.
The power to grant pardon, also known as the clemency powers are given to the President of India and the Governor of the states via Article 72 and 161 of the Constitution of India 1950 respectively. The power under the given provisions, in a manner, authorizes the executive (President or Governor) to either grant pardon, commute, suspend, reprieve, respite and to remit the capital punishment. The power is mostly invoked when the highest court of the land has passed sentence.