Former minister, statesman B A Mohideen no more

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 11: Former prime minister H D Deve Gowda claimed the lockdown decision was taken in 'haste' without forethought because of which farmers and the working class were 'suffering' and suggested measures to mitigate the impact. The state government should have consulted experienced citizens, officials, progressive farmers, farmer organisations and wholesale traders about the pros and cons before lockdown, he said in a letter to Chief Minister B S Yediyurappa, while highlighting that 61 per cent of the state's population depended on agriculture.

Because of the "hasty decision taken without any preparations", farmers of the country and the state are facing financial distress," he said in the April 9 letter, a copy of which was released to media here on Friday. The JD(S) patriarch suggested taking up some measures, including ensuring no restrictions on agriculture activities, procurement of horticulture produce at a fair price, relaxing export curbs on it, to provide relief to farmers, agriculture labourers, and daily wage workers.

On Sunday, Gowda had said he has assured Prime Minister Narendra Modi of his support in the nation's battle against COVID-19 pandemic when the latter called him to discuss the situation. In his letter to the chief minister, Gowda said: "...the lockdown implemented to control the spread of coronavirus has led our farmers into despair and put their lives into a burning fire.

This lockdown looks like a decision taken at haste without proper thinking and forethought for our farmers, agriculture labourers, and daily wage workers." He said the lockdown decision was taken after remaining 'quite' for about two months since the first corona infection was reported in the country on January 30. Among the suggestions made by the former prime minister include, procurement of horticulture produce at a fair price like in the case of milk from villages by the government through related organisations like Karnataka Horticulture Federation, HOPCOMS among others.

As horticulture produce was perishable, there should be no restriction on its procurement, transportation and marketing; all processing related activities of horticulture produce should be given relaxation from the lockdown, he said. Gowda also called for relaxation on exports for horticulture produce and its processed items. There should be no restriction on agriculture activities; a national grid has to be set up for marketing of horticulture produce, he said.

If such measures were not taken up immediately, the government will have to pay compensation to farmers for losses. Lack of remedial measures would lead to a shortage of supply, leading to rebellion from the people and may result in farmers' suicides and bringing about a situation that might be more grave than coroanvirus, he said.

Kalaburagi, Feb 24: Former Karnataka chief minister Siddaramaiah on Monday alleged that dissatisfaction and unhappiness are rising among the local Bharatiya Janata Party MLAs and the party might soon witness large scale defection.

Addressing the media, Mr. Siddaramaiah said many of the BJP MLAs have openly expressed their disappointment and unhappiness with the BJPs high command and also with Chief Minister B S Yeddyurappa's attitude towards them and they have said that they want to join the Congress at the earliest.