Bantwal violence: High Court stays FIR against 5 Hindutva leaders

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.

Bengaluru, Apr 7:  A group of Muslim philanthropists including a woman were allegedly assaulted by a group of people while they were distributing necessary food items to the needy at Dasarahalli of Amruthahalli Police Station limits in the city.

An FIR has also been registered in this regard and two people have been taken under police custody.

Twenty-three-year-old Syed Tabrez, son of Zarin Taj, secretary of Swaraj Abhiyan's local unit and his mother and friends were attacked by some unknown miscreants at Dasarahalli of Amruthahalli police station limits on Monday while they were distributing essential items to the needy amid the COVID-19 lockdown.

"The incident occurred on Monday. An FIR was filed by the woman stating that she was assaulted by some people. On receiving the information, our officers rushed to Ambedkar Hospital and spoke to one of the victims. As per the complaint, Vidyaranya Pura and Amruthahalli Police have secured two people.

The investigation is underway. It is not a case of communal hatred," said Dr Bheemashakar Guled, Deputy Commissioner of Police (DCP), North-East Bengaluru.

Tabrez has suffered minor injuries on his right hand and right leg while others have also suffered minor injuries. They have been discharged from the hospital.

The incident occurred at around 6 pm yesterday when some people came on a motorcycle, carrying bats and started thrashing Tabrez along with others, as per the FIR. Later, the injured people went to Amrutahalli Police Station and filed a complaint there.

Later they went to the Bowring Hospital which was closed. Then, they went to Dr Ambedkar Hospital in KG Halli.

Syed's mother said the accused persons threatened us, saying that "Muslims are poisoning the rations. You people will not deliver the food here. Muslims will have to leave the slum and relocate themselves somewhere else."

Kundapur, Apr 13: The city police, burdened with the enforcement of COVID-19 lockdown decided to undertake door delivery of essential items to ensure people remained indoor, official sources said here on Monday.

According to them, the police would be delivering items to the houses in Kumdapur, Byndoor, Gongolli, Shankara Narayana, Kundapur Rural, Kota and Amavasebail.

The police will start spreading awareness with this regard for three days starting from today (April 13).