CM Yogi’s drive to identify CAA beneficiaries runs into problems

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 13: India's tally of positive COVID-19 cases rose to 9,152 following an increase of 796 cases in the last 24 hours, the Union Ministry of Health and Family Welfare said on Monday.

Out of the total number of cases, 7,987 patients are active cases while 857 cases have been cured/discharged and migrated.

With 35 deaths in the last 24 hours, the death toll mounted to 308.

According to the ministry, Maharashtra remained at the top with the total cases at 1,985, including 217 patients who have recovered/discharged and 149 patients died.

Delhi's tally of positive COVID-19 cases rose to 1,154 cases, including 27 recovered and 24 patients succumbing to the virus.

Tamil Nadu too reported 1,075 cases, including 50 recovered and 11 patients dead.

Meanwhile, four states have crossed the 500 mark with regards to the total number of cases as Rajasthan recorded 804 cases, Madhya Pradesh with 532 cases, Gujarat with 516 cases and Telangana with 504 cases, as per the ministry.

New Delhi, Feb 1: Finance Minister Nirmala Sitharaman promised to make India a higher education destination, as she unveiled the government’s plan to invest in the education sector in her Budget speech.

“We propose Rs 99,300 crore for education sector in 2020-21 and Rs 3,000 crore for skill development,” said Sitharaman. While there is an increase of 4.6 per cent in the education spending than last year, the budget for skill development remains almost unchanged. Sitharaman also announced holding IND-SAT exam in African and Asian countries, for foreign candidates who wish to study in India.

The Finance Minister had listed three themes of the Union Budget 2020 while presenting the financial statement of the government in Parliament: Aspirational India to boost the standard of living, economic development for all, and building a humane and compassionate society. The spend under education is being done under aspirational India, “which focusses on focussed on skills, education, and agriculture” said Sitharaman.

“A degree-level full-fledged online education programme will be offered by institutes in top 100 in National Institutional Ranking Framework,” said Sitharaman, adding that Centre will announce a new education policy soon. “The government has received over 2 lakh suggestions on it.”

Further giving boost to India’s import of skilled human capital, Sitharaman said, “I propose special bridge course for nurses and medical professional for labour export to countries who open their door for such jobs.”

“Steps will be be taken to attract external commercial borrowing and Foreign Direct Investment (FDI) in the education sector,” the finance minister added.

She further said the government plans to start a programme for urban local bodies to provide opportunities for internship to young engineers.

The Finance Minister also said National Police University and National Forensic University are being proposed.

The government has also proposed to attach medical colleges with district hospitals on PPP model to deal with shortage of doctors, Sitharaman added.