Thousands of Indian expats from across Saudi throng funeral of Emirate Khader in Jubail

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.

Mangaluru, Mar 27: Nine throat swab samples that were sent for testing of the coronavirus, have been declared as negative while samples of four more persons are currently being tested, official sources said on Friday.

Dakshina Kannada Deputy Commissioner Sindhu B. Rupesh said that 2,902 people are under home quarantine in the district as of today while three were admitted to hospitals for observation.

Around 38,051 people have been inspected, so far, here in this district.

Bengaluru, Mar 13: Amid coronavirus outbreak, all universities, malls, and clubs will remain closed for a week in Karnataka. Karnataka CM Yediyurappa has said no one should travel unless it's an emergency. "All malls, cinema halls, pubs, wedding ceremonies and other large gatherings in the Karnataka have been banned for another one week," Chief Minister Yediyurappa said. This comes hours after the Uttar Pradesh government had decided that all schools, colleges situated in the state will be closed till 31st March 2020.

Following the decision, the Karnataka government on Friday asked doctors and other health staff to work on public holidays also till the spread of coronavirus is contained. Leaves and all week off of state health ministry workers have also been canceled. The government issued a circular stating that certain emergency measures are being taken to control the spread of coronavirus is some parts of the State.

"To manage things in a result-oriented manner, doctors, office personnel, paramedical staff and other permanent and contract employees in hospitals coming under the Health Department have been instructed to work on all public holidays." the government order read.

The decision comes after 76-year-old man in Karnataka's Kalaburagi died of coronavirus and became India's first COVID-19 victim. 46 people in Kalaburagui have been kept under coronavirus quarantine since then. Out of 46, 31 have been put under the "high risk" category. The high-risk persons were shifted to ESIC hospital. Officials said four family members of the man have displayed flu symptoms and their swab samples have been sent for testing in Bengaluru.

Earlier on Friday, an employee of Google's Bengaluru office tested positive for n-coronavirus, taking the total COVID-19 positive cases in Bengaluru to 5. India's total coronavirus positive count rose to 75. Several other states including capital Delhi, Madhya Pradesh, Odisha, Bihar, and Uttar Pradesh invoked various sections of the epidemic disease act. Meanwhile, the Indian Army has also called off all recruitment drive in wake of coronavirus outbreak.