Daijiworld Media Network – New Delhi

New Delhi, Dec 18: A three-judge bench of the Supreme Court on Wednesday, December 18, dismissed a review petition filed by one of the four convicts awaiting death penalty in the 2012 Nirbhaya gang-rape and murder.

Akshay Singh, one of the five men convicted for the rape and murder of a 23-year-old woman in Delhi in 2012, had sought review of his death penalty. He had filed a petition saying life in Delhi is being shortened anyway due to the rising air and water pollution.

A bench headed by Justice R. Banumathi observed that Akshay's review petition was similar to the petitions filed by the other convicts, which was dismissed by the top court in 2018. "We found no ground for review of the sentence", said the court.

Justice Banumathi said the bench has given due consideration to grounds, which the petitioner sought to assail evidence, and it is not permitted.

"These grounds were considered earlier. This cannot be allowed. All these have been examined in trial court, High court and the Supreme Court", said the court.

Justice Banumathi said the court examined the matter under parameters of review jurisdiction and it is not rehearing of the case.

"Grounds and flaws in investigation raised by him, were earlier rejected (referring to the rejection of review petitions of three other accused)", said the court.

Akshay's lawyer contended before the court that his client wants to file mercy petition before the President, and sought three weeks’ time.

Centre's counsel contested it stating the prescribed time limit is only one week. The top court refused to pass on order on the time limit to file mercy petition before the President.

"We are not expressing view in this regards, and the accused can avail the relief for mercy petition as per the stipulated time limit available in law", said the court.

The court had dismissed the review petitions filed by the other three convicts Mukesh (30) Pawan Gupta (23) and Vinay Sharma (24), in the case in July last year.