BJP sinks into silence after UP, Bihar bypoll defeat

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.

May 19: Congress general secretary Priyanka Gandhi Vadra's office on Tuesday said the Uttar Pradesh government has demanded that the 1,000 buses the party wants to ply for ferrying migrant labourers back to the state be handed over in Lucknow this morning and alleged that the move is politically motivated.

It also alleged that the demand shows that the UP government lacks the intention to help those stranded at the state's borders.

The Uttar Pradesh government on Monday had accepted the Congress' offer to run 1,000 buses to bring migrant labourers back to the state, a proposal which had triggered a war of words between the two sides.

In a letter to Additional Chief Secretary Avneesh Kumar Awasthi, Priyanka Gandhi's private secretary Sandeep Singh said a letter was received from the UP official at 11.40 am via email, in which it has been stated that 1,000 buses with all documents be handed over at Lucknow by 10 am on Tuesday.

"In a situation when thousands of workers are walking on the streets and thousands of people have gathered at the UP borders at various registration centres, sending 1,000 empty buses to Lucknow is not only a waste of time and resources but is also inhuman and the product of an anti-poor mindset," Singh said in the letter in Hindi.

"This demand of your government seems politically motivated. It does not seem that your government wants to help our labourer brothers and sisters who are facing a disaster," the letter said.

The state government had asked Priyanka Gandhi, who had made the offer, to provide it with a list of buses along with the names of their drivers and conductors.

Subsequently, her private secretary Singh had given details of the buses and its drivers to the UP government in an email.

"All details of the 1,000 buses are attached with this e-mail. Out of them, a few drivers will be reverified and those details will also be mailed to you in a few hours. I hope you will give permission for those buses to ply as soon as possible," Singh had said in the communication to the UP government on Monday.

The Congress leader had recently written to Uttar Pradesh Chief Minister Yogi Adityanath, seeking permission to run 1,000 buses at her party's expense.

The party had then accused the BJP-run UP government of ignoring the offer.

"The offer made to the chief minister through the letter on May 16 in connection with migrant labourers has been accepted," Additional Chief Secretary Awasthi (Home and Information) had said in a letter to Priyanka Gandhi's private secretary.

A little later on Twitter, Priyanka Gandhi, who is the Congress general secretary in charge of eastern Uttar Pradesh, had thanked Adityanath.

"Thank you for allowing us to run 1,000 buses at the expense of the Congress to help thousands of brothers and sisters walking on the roads in Uttar Pradesh," she had tweeted in Hindi.

She had said the Congress will stand with these people during the difficult time they face.

In a television interview earlier on Monday, Adityanath accused the Congress of playing politics over the plight of migrant workers.

Singh in his letter on Tuesday also expressed surprise at the chief minister, saying his government was demanding the details of buses since the last three days and asserted that the details were provided immediately after the letter from the UP government was received in this regard.