5 saffron extremists including a Mangalurean are key suspects in Gauri Lankesh murder

Bengaluru, June 11: Amulya Leona, a college student, who was charged with sedition for raising "Pakistan zindabad" slogans in Bengaluru, has finally been granted bail. 

The court had denied her bail yesterday, saying she might abscond. But her lawyers had been pursuing another way of getting her out of jail where she has spent nearly four months.

Ms Leona's advocate, Prasanna R, said that the delay of the state in submitting a chargesheet in the case beyond the stipulated time meant she was eligible for "default bail".

"The default bail application was moved before the magistrate under whose jurisdiction the alleged crime was committed. The chargesheet has not been submitted by the state within 90 days. So default bail has been granted. We had moved the default bail plea on May 26 and again on May 29 when the court told us the earlier mail IDs had been disabled. A physical application was filed on June 2. The state filed the chargesheet on June 3," the lawyer said.

While the state tried to argue that they were entitled to an extension in the time allotted, the court hearing this aspect of the case gave an order favourable to Ms Leona. The process is on to release her.

The arrest of Ms Leona during a rally against the Citizenship (Amendment) Act or CAA in Bengaluru had led to a debate on the use of sedition charges.

The woman on a Facebook post had also said "zindabad" to many countries including India and Pakistan. She did also try to chant "Hindustan zindabad", but was soon silenced and whisked away. She was accused of sedition, causing enmity between communities and causing deliberate mischief.

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, May 20: 63 more COVID-19 cases have been reported from Karnataka, taking the total number of coronavirus cases in the state to 1,458 on Wednesday, said the state Health Department.

The total number of cases includes, 864 active cases and 41 deaths (one due to non-COVID cause), it added.

Total 10 people have been discharged today while 553 persons have been discharged so far.