After stopping Haj subsidy, BJP offers to send Christians to Jerusalem for free

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.

Mumbai, Jan 12: Thousands of citizens on Sunday congregated in Mumbai's suburban Jogeshwari to oppose the new citizenship law, the proposed NRC and NPR.

They also condemned last Sunday's violence on the JNU campus in Delhi, where masked men ran riot and attacked students. Leftist organisations had claimed RSS-affiliated ABVP's role in the attack, a charge denied by the students' body.

Former Tata Institute of Social Science (TISS) general secretary Fahad Ahmed told PTI that they assembled under the aegis of 'Hum Bharat Ke Log' in Millat Nagar area.

"Prime minister Narendra Modi should call 56 students from across the country to debate on the CAA, NRC and NPR," Ahmed said in an apparent jibe at Modi's "56 inch chest" remark, which the latter had made ahead of the 2014 Lok Sabha polls.

"Why the PM is not talking to us? Why is he not communicating? Even the Britishers used to talk to Indians whom they ruled, but our PM is not talking to poor people," he alleged.

Bollywood actor Sushasht Singh also spoke on the occasion.

"We are people of this country and such acts (CAA) are tarnishing the image of our country," he said.

At the gathering, people waved banners with slogans like "I Am From Gujarat, My Documents Burned in 2002", "No CAA, Boycott NRC, Stop Dividing India, Don't Divide us", "Save Constitution", written on them.

A large number of police personnel were present at the venue.

The Citizenship Amendment Act (CAA), which was notified on January 10, grants Indian citizenship to non-Muslim minorities migrated to India from Afghanistan, Pakistan and Bangladesh till December 31, 2014, following persecution over their faith.

Massive protests were witnessed against the CAA, mainly by the student community, since its passage by Parliament in December last year.

Opposition parties have been dubbing the CAA an "anti-Muslim" legislation, a charge being debunked by the government.

The Congress and other parties like the TMC have also opposed the proposed National Register of Citizens (NRC) and the National Population Register (NPR).

Union home minister Amit Shah has said that the government won't rest until persecuted refugees are granted Indian citizenship.

Mumbai, Jul 1: Mumbai police on Wednesday imposed section 144 of CrPC prohibiting the movement of people in public places and gatherings, to prevent the spread of Covid-19, an official said.

The prohibitory order, issued by a senior police official, says restrictions on the movement of residents for non- essential work will remain in force till July 15.

The order prohibits "presence or movement of one or more persons in public places or gathering of any sort", the official said.