CBI DSP Devender Kumar, held in connection with bribery charges, sent to 14 day judicial custody

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 23: Delhi Police has booked Jamia students Meeran Haider and Safoora Zargar under the Unlawful Activities (Prevention) Act (UAPA) in a case related to communal violence in northeast Delhi over the Citizenship (Amendment) Act, said a lawyer.

Haider and Zargar, arrested for allegedly hatching a conspiracy to incite the communal riots in February, are in judicial custody. While Zargar is the media coordinator of Jamia Coordination Committee, Haider is a member of the committee.

The police has also booked Jawaharlal Nehru University student leader Umar Khalid under the UAPA in the case, said advocate Akram Khan who is representing Haider in the case.

Haider (35) is a PhD student and the president of RJD youth wing's Delhi unit, while Zargar is an MPhil student of Jamia Millia Islamia (JMI) university.

In the FIR, the police has claimed that the communal violence was a "premeditated conspiracy" which was allegedly hatched by Khalid and two others.

The students have also been booked for the offences of sedition, murder, attempt to murder, promoting enmity between different groups on grounds of religion and rioting.

Khalid had allegedly given provocative speeches at two different places and appealed to the citizens to come out on streets and block the roads during the visit of US President Donald Trump to spread propaganda at international level about how minorities in India are being , the FIR alleged.

In this conspiracy, firearms, petrol bombs, acid bottles and stones were collected at numerous homes, the FIR claimed.

Co-accused Danish was given the responsibility to gather people from two different places to take part in the riots, the police alleged.

Women and children were made to block the roads under the Jafrabad metro station on February 23 to create tension amidst the neighbourhood people, it said.

Over 20 film personalities, including Anurag Kashyap, Vishal Bhardwaj, Mahesh Bhatt and Ratna Pathak Shah, on Sunday had released a statement raising their voice against the arrest of the students and activists by Delhi Police for protesting against the Citizenship (Amendment) Act and demanded their release.

Following this, the police had said investigations into the JMI violence and northeast Delhi riot cases were done impartially, and arrests were made after analysis of forensic evidence.

In December last year, the police had allegedly entered the JMI campus after protests over the CAA, being held a few metres away from the varsity, turned violent.

Rajya Sabha MP and RJD leader Manoj Jha had tweeted, "Delhi Police called him for investigation and then received orders from above and arrested Meeran Haider, who has been helping people during the time of coronavirus outbreak."

The Jamia Coordination Committee (JCC), a group comprising students and alumni from the varsity, had condemned the arrest and demanded his immediate release.

"The country is facing a massive health crisis, however, the state machinery is busy harassing and framing student activists in false cases to suppress voices of dissent," they said.

The JCC said Haider was diligently working to provide ration to the needy during the lockdown. Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.