Amity University confers honorary doctorate on Thumbay Moideen

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 28: Former Karnataka chief minister Siddaramaiah on Tuesday suggested that the government can allow sale of liquor in green zones. 

“Merely because there is an economic slowdown in the state, I don’t recommend that alcohol should be allowed to be sold. But, wherever there are green districts, they can open (liquor sale) with certain restrictions, I think,” Siddaramaiah, the leader of the Opposition, told reporters. 

There are 14 districts in the state that are categorised as green because they do not have any active COVID-19 cases. The green districts are: Yadgir, Raichur, Koppal, Haveri, Davangere, Shivamogga, Chitradurga, Udupi, Chikmagalur, Hassan, Kodagu, Chamarajanagar, Ramanagara and Kolar.

There is tremendous pressure on the B S Yediyurappa administration to revive the economy as the lockdown has dried up all revenue sources. Excise, alone, accounts for 18 per cent of Karnataka’s own tax revenue. 

The Excise department recently suggested allowing regulated sale of liquor through the state-run MSIL outlets. The government, however, did not approve it fearing crowding and backlash from the Centre.

Bengaluru, Feb 11: A 36-year-old woman who fought back after being stabbed eight times by a helmet-clad intruder succumbed to injuries at a hospital.

Susheela was in shock after she pulled off the attacker’s helmet as it was her own brother-in-law. Before breathing her last, she explained the sequence of events to the police.

She said her brother-in-law attacked her because he was eyeing their ancestral property worth over Rs 10 crore. “Susheela put up a stiff resistance and identified her assailant. But the stab injuries proved to be fatal,” said a police officer. Based on her statement, Ananth Kumar, 42, was arrested on murder charges.

The attack occurred on February 7 at Honaganahatti village in Tavarekere, off Magadi Road. Susheela, whose husband Gangaraju died in a road accident 12 years ago, was living with her 14-year-old daughter and 75-year-old mother, Rudramma.

On Friday, her daughter had gone to school and Rudramma was sitting outside the house when a man walked in wearing a full-faced helmet and attacked Susheela with a knife. She defended herself with a stick used for making ragi balls and by throwing chilli powder at his face. But the attacker stabbed her on the hand, neck and head. He fled when Susheela identified him and raised an alarm. Neighbours rushed her to a hospital.

During questioning, Kumar reportedly confessed to the crime, saying he wanted to get rid of her as she was not agreeing to sell five acres of their ancestral property.

Susheela’s nephew Kiran G said: “The family owned six acres. Kumar sold one acre for Rs 50 lakh a few years ago after convincing Susheela. He, however, paid her only Rs 5 lakh. Lately, he was pestering Susheela to sell the remaining land as buyers were ready to pay Rs 2.5 crore per acre. But she was hesitating as she had been cheated by him earlier.”

Police are now examining the circumstances under which Gangaraju was killed. “We learnt the driver who had been arrested in connection with Gangaraju’s accident is currently working with Kumar,” said an officer.