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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.

Thiruvananthapuram, Apr 20: The Kerala health department has declared 88 local bodies including the corporation, municipality and panchayats, spread over 14 districts in the state as COVID-19 hotspots.

"The lockdown restrictions in these areas will be continued in the hotspots announced by the state health department," said state DGP Lokanath Behera in a statement.

"Hot spots are being announced based on COVID-19 positive cases, primary contacts and secondary contacts. As the outbreak of the disease increases, hot spots will be revised daily," said State Health Minister KK Shailaja.

However, the Minister said that a particular region will be excluded from the hot spot after a weekly data analysis.

District wise hot spots in the state - Thiruvananthapuram (3) including Thiruvananthapuram Corporation, Kollam (5), Alappuzha (3), Pathanamthitta (7), Kottayam District (1), Idukki (6), Ernakulam (2), Thrissur (3), Palakkad (4), Malappuram (13), Kozhikode (6), Wayanad (2), Kannur (19) and Kasaragod (14).

In Kerala, 400 people have detected positive for coronavirus, including 3 deaths, as per the Union Health Minister.

Kochi, May 10: A total of 698 people who were evacuated from Maldives on INS Jalashwa, arrived here on Sunday around 9.30am (India time), said the Cochin Port officials. This operation is part of Indian Navy's 'Operation Samudra Setu'.

Another 121 from Lakshadweep also arrived at Mattanchery, near here. on MV Arabian Sea - a passenger/cargo ship sailing under the Indian Flag.

Samudrika Cruise Terminal has been opened up for handling the expatriates and Port has taken up necessary refurbishments consistent with the medical protocols.

#SamudraSetuMission #MoDAgainstCorona #bringhomeexpats
As #Kochi eagerly awaits their arrival, #INSJalashwa @indiannavy entering the scenic Ernakulam channel with 698 Indians from Maldives.@SpokespersonMoD @rajnathsingh @MOS_MEA @HCIMaldives @mygovindia pic.twitter.com/kk5rZyWMwf

— PRO Defence Kochi (@DefencePROkochi) May 10, 2020

The Cochin Port Trust officials said the first group of 698 persons evacuated from Maldives comprises 595 males and 103 females. Of this, 14 are children below 10 years and 19 pregnant women.

Among the 698 passengers, 440 are from Kerala, 156 from Tamil Nadu and the rest are from various states in the country.

Ernakulam district collector S. Suhas said all those from Tamil Nadu will be sent to their state in the bus.

The ship is berthed at BTP Jetty and the disembarkation procedures are being carried out at Samudrika Cruise Terminal. It will take around three hours for all the passengers to be cleared.

#SamudraSetuMission #MoDAgainstCorona #bringhomeexpats
Welcome Home!! #INSJalashwa with 698 Indians from Maldives entering #Kochi harbour. First glimpses!!@indiannavy @SpokespersonMoD @rajnathsingh @DefenceMinIndia @PMOIndia @MOS_MEA @MEAIndia @HCIMaldives pic.twitter.com/QW0FusiQUw

— PRO Defence Kochi (@DefencePROkochi) May 10, 2020

According to the protocols, all the Keralaites will be sent for 14 days institutional quarantine at their respective home districts.

Those who are having exemption from institutional quarantine have to be at home isolation.

Among the 121 who arrived on MV Arabian Sea from Lakshadweep include students and those Keralaites who work in the island.

The protocol for these 121 passengers is that since they have been checked there, all these people can go to their homes and be in isolation for 14 days.

The general guideline is if any one shows any symptoms of Covid-19, all such people will be directly sent to Covid hospitals, here.

The distance between Male and Kochi is 493 nautical miles and it began its voyage to Kochi on Friday evening.

INS Jalashwa is an Indian naval ship attached to the Eastern Naval Command. It was acquired from the United States and was commissioned in 2007.

INS Jalashwa has the capacity to accommodate 1000 troops, and comes equipped with extensive medical facilities, including four operation theatres, and a 12-bed ward facility.