The Supreme Court on Wednesday rejected the review petition filed by Akshay Kumar Singh, one of the four convicts in the Nirbhaya gang-rape case. Akshay can however file a curative petition before the Supreme Court and if that too is turned down by the court, he has a right to file a mercy petition before the President of India.
The other three convicts in case are Vinay Kumar, Mukesh Singh and Pawan Gupta. Their review petitions have already been rejected by the Supreme Court. The fifth convict, Ram Singh was found hanging in Tihar jail. The sixth person involved in the gang-rape was a juvenile and was released after serving three years in a reform home.
In the last one week, there have been several media reports suggesting authorities at Delhi's Tihar Jail have started gearing up for executing the four convicts. Senior police officials in Uttar Pradesh have on record told media that they have received a letter from Tihar Jail requesting them to ensure availability of trained hangmen.
The recent developments in the Nirbhaya case and the gang-rape and murder of a 26-year-old woman doctor in Hyderabad, who was burnt alive after being raped late last month, have renewed the focus on death penalty in India and the mode of its execution.
The four convicts in the Nirbhaya gangrape case are currently lodged in Delhi's Tihar Jail. As such, execution of their death sentence, if and when, will be carried out in accordance with the Delhi Jail Manual of 2018.
The Delhi Jail Manual prescribes a detailed process involving various steps that are required to be followed before a hanging takes place. As per Indian laws, hanging is the only mode of executing a death sentence for civilians. The law however allows death by shooting in cases related to the armed forces if the court martial hearing the case deems it fit.
Paragraph 872 of the Delhi Jail Manual says an execution shall take place early in the morning before it gets bright. It also says that a prisoner can't be hanged on a day that has been notified as a public holiday.
The jail manual categorically says that no prisoner should be allowed to witnesses the execution of a fellow inmate and neither should the convict who is to be hanged be made to see the gallows.
"Prisoners of all categories shall be kept locked up until the execution is over and the body removed from the prison," the manual states.
WITNESS TO AN EXECUTION
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As per the jail manual, the jail superintendent, deputy superintendent and medical officer in charge and the resident medical officer shall be present at all executions.
Apart from this, the manual says the local district magistrate, and in his absence, additional district magistrate, shall attend the execution and countersign the warrant.
"If the convict desires, a priest of his/her faith may be allowed, at the discretion of jail superintendent, to be present at the place of execution, subject to the requirements of security and prison discipline," the manual states.
Relatives and other prisoners are not allowed to witness an execution.
However, the jail manual grants an exception to those who can witness an execution. It states that after taking prior permission from the government, the jail superintendent can allow social scientists, psychologists, psychiatrists etc. who are conducting a research on matters related to death sentence to be present during the execution.
"The jail superintendent's discretion shall prevail in the matters relating to grant of permission to witness execution," the manual states.
Apart from those listed above, at least 12 guards, including 10 constables and two head constables, shall be present at every execution.