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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, Jun 18: The ruling Bharatiya Janata Party (BJP) nominated Prathap Simha Nayak, M.T.B. Nagaraj, R. Shankar and Sunil Valyapure to contest in the June 29 biennial elections for 4 of the 7 Karnataka legislative Council seats, an official said.

"Our high command selected 3 of the 4 candidates the state core committee recommended on Tuesday, excluding H.R. Vishwanath, a former Janata Dal-Secular (JD-S) rebel, who lost in the December 5 Assembly by-elections from Hunsur in Mysuru district on a BJP ticket," a party official said.

Nagaraj, a former Congress rebel, who also lost in the Assembly by-election from Hoskote in Bengaluru Rural district on a BJP ticket, was the state housing minister in the 14-month-old JD-S-Congress coalition government, which fell on July 23, 2019 after 17 of their rebels resigned then.

Shankar, who was an Independent and a minister in the former coalition government, was not given the BJP ticket to contest in the December Assembly bypolls though he too resigned from the Ranebennur assembly seat in Haveri district, about 340km northwest of Bengaluru, along with former Congress and JD-S rebels.

Valyapure is the party's grass-root leader from Chincholi in Gulbarga district in the state's northern region, about 586km from Bengaluru.

Valyapure extensively campaigned in the May 2019 general elections and ensured the victory of BJP candidate Umesh Yadav from the reserved Gulbarga Lok Sabha seat, defeating Congress senior leader Mallikarjun Kharge.

Nayak is also the party's grassroot cadre who rose from the ranks to become its Dakshina Kannada district president in the state's coastal region.

As the ruling party has 116 legislators in the 225-member Assembly, all its 4 candidates will need 28 votes each to win the contest.

Of the 7 outgoing Council members, 5 are from the Congress and one each from the Janata Dal-Secular (JD-S) and an Independent.

With 68 lawmakers, the Congress will be able to retain 2 seats and the JD-S one as it has only 34 legislators in the lower house.

The Congress has nominated its outgoing Rajya Sabha member B.K. Hariprasad and outgoing Council member Naseer Ahmed to contest for 2 Council seats.

Of the 75-member Council, the opposition Congress has 37, BJP 19, JD-S 16, two Independents and one Chairman.

New Delhi, Mar 2: The Supreme Court on Monday dismissed a curative petition filed by convict Pawan Kumar Gupta who was sentenced to death in the 2012 Nirbhaya gang rape and murder case.

A five-judge bench headed by Justice N V Ramana said that no case is made out for re-examining the conviction and the punishment of the convict.

Other members of the bench were justices Arun Mishra, R F Nariman, R Banumathi and Ashok Bhushan.