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New Delhi, Feb 12 (IANS): Observing that any condemned convict is entitled to avail legal aid till his last breath, a Delhi court on Wednesday gave a death-row convict in Nirbhaya case liberty to choose his own counsel after his lawyer refused to represent him in the matter.
During the hearing on issuance of fresh death warrant, Advocate A.P. Singh apprised the court that he no longer represents convict Pawan Gupta in the case.
The Nirbhaya case pertains to the gang-rape and murder of a 23-year-old girl in the national capital in December 2012.
Out of the four convicts, Pawan is the only one who has not yet availed of the remedy of either curative or mercy petitions, which will be the last judicial and constitutional resort available to him.
Victim's parents and the Delhi government had moved the application on Tuesday demanding a new date for their hanging but in view of the fresh turn of events, Additional Sessions Judge Dharmendra Rana adjourned the matter till Thursday.
"Let justice be done even though heaven falls. The court reserves an opinion that any condemned convict is entitled legal aid till his last breath," the judge stated.
He gave Pawan the "liberty to choose" his counsel from the list of empanelled advocates of the Delhi State Legal Service Authority.
"Granting the prayer made into the application without hearing the counsel of convict would render further hearing in the matter as ornamental and superfluous," the court observed. The matter will now be heard on February 13 at 3 p.m.
The court further observed that adequate time should be given to Pawan to choose his counsel and also to the lawyer to study the case.
"In order to avoid any delay, A.P. Singh must provide the file of convict Pawan so that the learned counsel to be assigned to him is in a position to represent him in the court tomorrow," Judge Dharmendra Rana said.
During the course of proceedings, lawyers representing Nirbhaya's family said that the convicts are adopting "all kinds of delay tactics to avoid execution of death warrant".
It was further argued that the move was another ploy to derail the proceedings.
New Delhi, Feb. 12 (PTI): Nirbhaya's mother Asha Devi on Wednesday protested outside a trial court premises here over the delay in the hanging of the four convicts in the gang rape and murder case of her daughter.
Her protests come right after the trial court offered Pawan Gupta, one of the four death row convicts in the case, saying a condemned convict is entitled to legal aide till his last breath.
Additional Session Judge Dharmender Rana expressed displeasure over delay from Pawan's side who said he has removed his earlier lawyer and will need time to engage a new one.
District Legal Services Authority (DLSA) provided Pawan's father with a list of its empanelled advocates to chose from.
Nirbhaya's parents and the Delhi government had moved the court on Tuesday seeking fresh death warrants for the four convicts after the Supreme Court granted liberty to the authorities to approach the trial court for issuance of fresh date for the execution of these convicts.
The date of execution, first fixed for January 22 in Tihar jail, was postponed for 6 am on February 1 by a January 17 court order. The trial court later, on January 31 stayed, "till further orders" the execution of the four convicts in the case, who are lodged in Tihar Jail.