In its appeal, the Centre said the question is whether a convict who has exhausted all his remedies can still frustrate the mandate of law merely because the mercy petition of one of the co-convicts is pending before the President and another co-convict has not even filed the mercy petition. 

 

"In other words, can one convict, by sheer inaction calculated and designed or otherwise -- frustrate the mandate of law?" said the Centre in its appeal.

 

The Centre is seeking to execute four convicts in the Nirbhaya case who have exhausted all their legal and constitutional remedies. Out of the 4 convicts, 3 have their petitions before courts.