Babri Masjid verdict: Jamiat Ulama-i-Hind to file review petition

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.

New Delhi, Apr 14: Prime Minister Narendra Modi has announced the extension of a nationwide lockdown till May 3 to contain the spread of Covid-19 as the number of novel coronavirus cases surged past 10,000-mark on Tuesday. Hinting at partial relief, however, the Prime Minister said there could be some relaxations after April 20 in places where there is no hotspot.

Lockdown 2.0 will come into force from April 14 till May 3, PM Modi said in a televised address to the nation on Tuesday. The 19-day extension of the lockdown till May 3 is an attempt to contain the spread of novel coronavirus which has affected over 10,000 people in India. 

Even before #COVID19 cases touched 100, India made it compulsory for foreign returnees to remain in 14 days isolation. We imposed 21-day lockdown when we had 550 cases: PM Narendra Modi https://t.co/qi8MgG8qPQ

— ANI (@ANI) April 14, 2020
PM Modi said the Centre will closely monitor hotspots in states across India and added that those areas where there are no hotspots will get partial relief. “Till April 20, all districts, localities, states will be closely monitored, as to how strictly they are implementing norms. States where hotspots are contained could be allowed to resume some important activities, but with certain conditions,” the PM said.

The Prime Minister, in his address to India on Tuesday, began by lauding the efforts of Indians in the fight against novel coronavirus. “Covid-19 is spreading fast but India’s fight against coronavirus is going strong. It is because of your efforts that we are able to put up a fight,” the PM said as he thanked people for their co-operation.

PM Modi said, “People have gone through hardships to save India. I know how many difficulties you faced. I respectfully bow to the people of India for their sacrifice.”

The national lockdown first came into force from March 25 when the PM took an unprecedented measure in the fight against Covid-19. The lockdown was scheduled to end today.

STATES PUSHED FOR LOCKDOWN 2.0

The decision to extend the lockdown followed after a broad consensus emerged that the national lockdown should be extended by at least two weeks following a meeting between PM Modi and state chief ministers on Saturday.

It was reportedly after this meet with the Prime Minister that it was decided that the nationwide lockdown will be extended to tackle the spread of Coivid-19. The extension request from states came despite concerns that the shutdown will put millions out of work.

PM has taken correct decision to extend lockdown. Today, India’s position is better than many developed countries because we started lockdown early. If it is stopped now, all gains would be lost. To consolidate, it is imp to extend it

— Arvind Kejriwal (@ArvindKejriwal) April 11, 2020
"If it is stopped now, all gains would be lost. To consolidate, it is imp (important) to extend it," Arvind Kejriwal had written on Twitter after the meeting while he added that PM Modi had "taken (a) correct decision to extend (the) lockdown”.

Several states had, however, pushed for resumption of some economic activities like in the farming sector in areas where no cases of the novel coronavirus have been reported.

ALL THAT HAS HAPPENED TILL NOW

Prime Minister Narendra Modi first addressed an anxious nation on March 19 as the coronavirus pandemic emerged as a serious concern for the country. In his televised address, the PM asked the people to observe ‘Janata Curfew’ for March 22.
The Prime Minister urged Indians to remain indoors as much as possible as he suggested ways to battle the coronavirus pandemic.

On March 24, the Prime Minister came back and announced a 21-day lockdown across the country. In his second address, PM Modi said the step was taken as it was the only way to break the chain of infection. The lockdown was to be in effect till April 14.

PM Modi later asked citizens to make noise at 5 pm to show their appreciation for medics, nurses and sanitation workers. This call was well received as Indians came out to clap, clang metal vessels and ring bells to cheer workers battling the spread of the coronavirus.

Ten days into the lockdown, the Prime Minister addressed the nation again and asked people to light candles, lamps and hold mobile phone torches for nine minutes from 9 pm on April 5 to demonstrate a collective will to fight coronavirus.

As of Tuesday morning, the death toll due to coronavirus has climbed to 339 with over 50 deaths within 24 hours. The number of cases in the country, meanwhile, had crossed the 10,000-mark, according to the Union Health Ministry. Over a thousand have been cured and discharged.