A 23-year-old paramedic student was gang-raped and brutally assaulted on the intervening night of 16-17 December, 2012, in a moving bus in south Delhi by six persons before being thrown out on the road. She died on December 29, 2012 at a hospital in Singapore.
It claimed that the boy accompanying Nirbhaya in the bus turned the case into a "media trial" by charging money from the news channels to give interviews.
Akshay had moved the top court seeking clemency on the ground that the "rising pollution" has already increased the mortality rates. He sought commutation of the death penalty awarded to him and four others.
The Public prosecutor argued that the pendency of the mercy petitions or the fact that they want to file mercy petitions does not "preclude the court from issuing a death warrant" and cited several supportive judgements in this regard.
"My view is that we need to wait for the Supreme Court where the date is pending on December 17 where one review will be heard," the judge said.