Observing that the four convicts in the Nirbhaya case cannot be executed separately, the Delhi High Court on Wednesday directed them to exercise their available legal remedies within 7 days from today. After that period, the authorities should act as per law, ordered the Court.
Though the Court did not agree with the interpretation of the trial Court that pendency of mercy petition of even one convict is ground to postpone the executions, it did not set aside the order.
Since their fate has been decided by the same order up to the Supreme Court, they must be executed together, the Court said. As per the law laid down by the Supreme Court in Shamsher Singh v. State of UP, convicts against whom a common sentence order is passed cannot be executed separately, noted the HC.
The Court was passing orders on the the revision petitions filed by Union Ministry of Home Affairs against the January 31 order of the Trial Court which stayed the executions of four convicts in the 2012 Delhi gangrape and murder case until further orders.