We have failed her as humans: V K Singh on Kashmiri girl's rape-murder

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, Jun 7: India registered its highest single-day spike of COVID-19 cases for the fifth consecutive day on Sunday, with 9,971 new infections taking the country's tally to 2,46,628, while the death toll rose to 6,929, according to the Union Health Ministry.

India registered 287 deaths in the 24 hours since Saturday morning.

India had raced past Spain on Saturday to become the fifth worst-hit nation by the COVID-19 pandemic. Now, only the US, Brazil, Russia and the UK are ahead of it.

The number of active COVID-19 cases stands at 1,20,406, according to the Health Ministry.

A total of 1,19,292 people have recovered and one patient has migrated, the Ministry said.

During the last 24 hours, a total of 5,220 COVID-19 patients have been cured, the ministry said.

"Thus, around 48.37 per cent patients have recovered so far," a senior ministry official said.

The tally of confirmed cases includes foreigners.

The Indian Council of Medical Research has further ramped up the testing capacity for detecting the novel coronavirus in infected persons.

The number of government labs has been increased to 531 and private labs to 228, taking the total number of labs to 759.

As many as 1,42,069 samples were tested in the last 24 hours, taking the total number of samples tested till now to 46,66,386.

Deaths in India per lakh population (0.49) are much lower than the world average of 5.17 and are the lowest among countries that have eased lockdown such as Germany (10.35), Italy (55.78), the UK (59.62) and Spain (58.06), as per a WHO situation report cited by the Health Ministry.

Cases in India per lakh population (17.32) are much lower than the world average of 87.74 and are the lowest among countries that have eased lockdown such as Germany (219.93), Italy (387.33), the UK (419.54) and Spain (515.61).

Of the 287 deaths reported since Saturday morning, 120 were from Maharashtra, 53 from Delhi, 29 from Gujarat, 19 from Tamil Nadu, 17 from West Bengal, 15 from Madhya Pradesh, 13 from Rajasthan, 10 from Telangana, three from Jammu and Kashmir, two each from Karnataka, Punjab and Chhattisgarh and one each from Kerala and Bihar.

Of the total 6,929 fatalities, Maharashtra tops the tally with 2,969 deaths, followed by Gujarat with 1,219 deaths, Delhi with 761, Madhya Pradesh with 399, West Bengal with 383, Uttar Pradesh with 257, Tamil Nadu with 251, Rajasthan with 231, Telangana with 123 and Andhra Pradesh with 73 deaths.

The death toll reached 59 in Karnataka and 50 in Punjab.

Jammu and Kashmir has reported 39 fatalities due to the disease, Bihar has 30, Haryana has 24 deaths, Kerala has 15, Uttarakhand has 11, Odisha has eight and Jharkhand has reported seven deaths so far.

Himachal Pradesh and Chandigarh have registered five COVID-19 fatalities each. Assam and Chhattisgarh have recorded four deaths each.

Meghalaya and Ladakh have reported one COVID-19 fatality each, according to the Health Ministry data.

According to the Ministry's website, more than 70 per cent of the deaths are due to comorbidities.

The highest number of confirmed cases in the country are from Maharashtra at 82,968, followed by Tamil Nadu at 30,152, Delhi at 27,654, Gujarat at 19,592, Rajasthan at 10,331, Uttar Pradesh at 9,733 and Madhya Pradesh at 9,228, according to the Health Ministry data updated in the morning.

The number of COVID-19 cases has gone up to 7,738 in West Bengal, 5,213 in Karnataka, 4,915 in Bihar and 4,510 in Andhra Pradesh.

It has risen to 3,952 in Haryana, 3,496 in Telangana, 3,467 in Jammu and Kashmir and 2,781 in Odisha.

Punjab has reported 2,515 coronavirus infections so far, while Assam has 2,397 cases. A total of 1,807 people have been infected with the virus in Kerala and 1,303 in Uttarakhand.

Jharkhand has registered 1,000 cases, Chhattisgarh has 923, Tripura has 747, Himachal Pradesh has 400, Chandigarh has 309 cases, Goa has 267, Manipur has 157, Nagaland has 107, and Puducherry and Ladakh have 99 cases.

Arunachal Pradesh has 47 COVID-19 cases, while Andaman and Nicobar Islands and Meghalaya have registered 33 infections each.

Mizoram has reported 24 cases and Dadar and Nagar Haveli has 19 cases, while Sikkim has reported seven cases till now.

"8,605 cases are being reassigned to states," the Ministry said on its website adding, "our figures are being reconciled with the ICMR."

State-wise distribution is subject to further verification and reconciliation, it added.