CCTVs didn't work in EVM strongroom for an hour: EC admits amid tampering charges

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 26: The Road Transport and Highways Ministry has issued a notification to enable citizens with mild to medium colour blindness to obtain a driving licence.

An official release said that the Ministry has been taking measures to enable divyangjan citizens to avail transport-related services, especially driving licence.

It said the ministry received representations that the colour blind citizens are not able to get a driving licence due to requirements in the declaration about physical fitness (Form I) or the medical certificate (Form IA).

The release said that the issue was taken up with expert medical institution and advice sought.

The recommendations received were that mild to medium colour blind citizens be allowed to drive and restrictions should only be on the severe colour blind citizens.

"This is also allowed in other parts of the world," the release said.

The notification seeks to amend Form 1 and Form 1A pertaining to Central Motor Vehicles Rules 1989.

New Delhi, Apr 11: With 40 deaths and 1,035 new COVID-19 cases in the last 24 hours, India on Saturday witnessed a sharpest ever increase in coronavirus cases, taking the tally of the infected people in the country to 7,447, as per the Ministry of Health and Family Welfare on Saturday.

According to the official data, among 7447 COVID-19 positive cases, 6,565 are active cases and 643 are cured, discharged and migrated and 239 patients who have succumbed to the virus.

Maharashtra has reported the highest number of cases in the country which stands at 1,574, including 188 cured and discharged and 110 deaths, followed by Tamil Nadu with 911 corona positive cases.

On the other hand, the national capital has reported 903 cases, which include 25 recovered cases and 13 deaths.

While 553 have detected positive for the infection in Rajasthan, Telangana has 473 corona cases and Chhattisgarh and Chandigarh have reported 18 cases each.

Uttar Pradesh and Haryana, that borders the national capital, has 431 and 177 cases, respectively.
Kerala, which reported India's first coronavirus case, has 364 confirmed cases.

The newly carved union territories -- Ladakh and Jammu and Kashmir--- have 15 and 207 cases, respectively.

The least number of COVID-19 cases have reported from the northeast region of the country. While Arunachal Pradesh, Mizoram, and Tripura have only 1 corona positive case, Assam has 29 people infected with the virus, which is the highest in the region.