4 killed as stone-pelting protestors clash with security forces

New Delhi, Jan 14: The curative petitions of Vinay Sharma and Mukesh, who were sentenced to death in the Nirbhaya gang rape and murder case, was on Tuesday rejected by a five-judge Supreme Court Bench led by Justice N.V. Ramana.

In a three-page order, the Bench concluded, after an in chamber consideration that began about 1.45 p.m., that there was no merit in their pleas to spare them from the gallows.

“We have gone through the curative petitions and relevant documents. In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra versus Ashok Hurra. Hence, the curative petitions are dismissed,” the court held.

Curative is a rare remedy devised by a Constitution Bench of the Supreme Court in its judgment in the Rupa Ashok Hurra case in 2002. A party can take only two limited grounds in a curative petition - one, he was not heard by the court before the adverse judgment was passed, and two, the judge was biased. A curative plea, which follows the dismissal of review petition, is the last legal avenue open for convicts in the Supreme Court. Sharma was the first among the four convicts to file a curative.

The Bench also rejected their pleas to stay the execution of their death sentence and for oral hearing in open court.

Besides Justice Ramana, the Bench comprised Arun Mishra, Rohinton Nariman, R. Banumathi and Ashok Bhushan.

Curative petitions were filed in the Supreme Court by both convicts on January 9. The petitions had come just days after a Delhi sessions court schedulled the execution of all the four convicts in Tihar jail on January 22.

Sharma and Mukesh, in separate curative petitions, argued that there was a “sea change” in the death penalty jurisprudence since their convictions. Carrying out the death sentence on such changed circumstances would be a “gross miscarriage of justice”.

In his plea, Sharma said the Court had commuted the death penalty in several rape and murder cases since 2017, when it first confirmed the death penalty to the Nirbhaya convicts.

“fter the pronouncement of judgment in 2017, there have been as many as 17 cases involving rape and murder in which various three-judge Benches of the Supreme Court have commuted the sentence of death,” the petition contended.

The Supreme Court recently dismissed a review petition filed by Akshay Singh, another of the four four condemned men, to review its May 5, 2017 judgment confirming the death penalty. It also refused his plea to grant him three weeks' time to file a mercy petition before the President of India.

A Bench led by Justice R. Banumathi had said it was open for the Nirbhaya case convicts to avail whatever time the law prescribes for the purpose of filing a mercy plea.

Akshay (33), Mukesh (30), Pawan Gupta (23) and Sharma (24) had brutally gang-raped a 23-year-old paramedical student in a moving bus on the intervening night of December 16-17, 2012. She died of her injuries a few days later.

The case shocked the nation and led to the tightening of anti-rape laws. Rape, especially gang rape, is now a capital crime.

One of the accused in the case, Ram Singh, allegedly committed suicide in the Tihar jail. A juvenile, who was among the accused, was convicted by a juvenile justice board. He was released from a reformation home after serving a three-year term.

Leh, Jul 3: Taking an apparent dig at China, Prime Minister Narendra Modi on Friday said the age of expansionism is over and added that the new age of development is here.

"Age of expansionism is over, this is the age of development. History is witness that expansionist forces have either lost or were forced to turn back," Modi said addressing soldiers in Ladakh's Nimmoo. However, the Prime Minister did not mention China at all in his address to the soldiers.

The remark comes amidst the ongoing tension between India and China at Line of Actual Control in the eastern Ladakh. In a violent face-off 20 Indian soldiers were killed in the Galwan Valley on June 15-16 when Chinese troops attempted to unilaterally change the status quo during the de-escalation.

The Prime Minister also said that the people of Ladakh have rejected every attempt to create separatism in the region.

"Ladakh is the head of the country. This is the symbol of pride for the 130 crore citizens of India. This land belongs to the people who are willing to make the ultimate sacrifice for the country... Every attempt to create separatism in the region was rejected by the nationalist people of Ladakh," Modi said.

He also said: "We are the same people who pray to the flute playing Lord Krishna, but we are also the same people who idealise and following the same Lord Krishna who carries the Sudarshan Chakra."

The two countries -- India and China -- have been involved in talks to ease the ongoing border tensions since last month.

Lauding the bravery displayed by the soldiers, the Prime Minister said: "The bravery that you and your compatriots showed, a message has gone to the world about India's strength."

"Your courage is higher than the heights where you are posted today," he added.

"Atmanirbhar Bharat ka sankalp aapke tyag, balidan, pursharth ke karan aur bhi mazbut hai,"(The determination of self-reliant India gets strengthened from your sacrifice and courage)," the Prime Minister said.

The soldiers were observed maintaining social distancing while PM Modi's address here.

PM Modi on Friday made a surprise visit to Ladakh and was briefed by senior officers at Nimmoo amid ongoing tension with China. The Prime Minister was accompanied by Chief of Defence Staff (CDS) General Bipin Rawat and Army Chief General Manoj Mukund Naravane.

He reached Nimmoo, early morning today and interacted with Army, Air Force and ITBP personnel.

Located at 11,000 feet, this is among the tough terrains, surrounded by Zanskar range and on the banks of the Indus.

Sources had earlier informed about CDS Rawat's visit to Leh today. General Rawat's visit holds importance since it comes in the wake of Defence Minister Rajnath Singh's visit to Ladakh being rescheduled.

Earlier, the Defence Minister was scheduled to visit Ladakh today to review the preparedness of the army amid the ongoing standoff with China.

The situation at the India-China border remains tense after 20 Indian soldiers lost their lives in a violent face-off in the Galwan valley on June 15-16 when Chinese troops attempted to unilaterally change the status quo during the de-escalation. India and China have been involved in talks to ease the ongoing border tensions since last month.

New Delhi, Jun 13: Veteran Urdu poet Anand Mohan Zutshi 'Gulzar' Dehlvi passed away on Friday afternoon, five days after he recovered from COVID-19.

He died at his Noida home, and was a month shy of turning 94.

"His corona test came negative on June 7 and we brought him home. Today he had lunch and at around 2.30pm he passed away," his son Anoop Zutshi told PTI.

"He was quite old, and the infection had left him very weak. So doctors are thinking it was possible a cardiac arrest," he added.

A freedom fighter and a premier 'inquilabi' poet, Dehlvi was admitted to a private hospital on June 1 after testing positive for coronavirus.

Born in old Delhi's Gali Kashmeerian in 1926, he was also the editor of 'Science ki Duniya', the first Urdu science magazine published by the Government of India in 1975.

Remembering her fond memories of Dehlvi, historian-writer Rana Safvi recalled seeing the poet at most 'mushairas' in Delhi.

"I cannot express how big a loss it is. We used to see him at every 'mushaira' in Delhi. It's a big loss to Delhi and the world of poetry," Safvi said.

She also took to Twitter to express her condolences.

"Sad to hear about Gulzar Dehlvi saheb's demise. He was the quintessential Dilli waala. May he rest in peace," she tweeted.

According to Delhi-based poet and lawyer Saif Mahmood, Dehlvi was "the presiding bard of Delhi", following in the footsteps of iconic poets like Mirza Ghalib, and Mir Taqi Mir.

His death is the "end of an era", he said.

"No one knew the nooks and crannies of Mir and Ghalib's Delhi like him. Gulzar saheb claimed that his father, Allama Pandit Tribhuvan Nath Zutshi 'Zaar Dehlvi', was a disciple of the renowned poet Daagh Dehlvi," he said, while reminiscing his meeting with Dehlvi three years back.

The poet had recited a still unpublished 'sher' (couplet) then, Mahmood said, which seems more relevant now in the aftermath of his demise.

"Mere baad aane waalon, meri baat yaad rakhna/ mere naqsh-e-pa se behtar, koi raasta nahin hai". (Those who come after, remember what I say/ there’s no better way than to follow my footprints).

"He was a true exemplar of not just the Urdu language but also of the Urdu culture. In fact he was a living and breathing form of Urdu tehzeeb," Mahmood said.