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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.

Dubai, May 26: An Indian expat, who recently recovered from COVID-19, fell to his death from a building in Dubai, police said.

The 26-year-old Indian national identified as Neelath Muhammed Firdous from Kerala, fell from the seventh floor balcony of his building where he stayed with six others including his uncle, Naushad Ali, 33.

A Dubai Police official confirmed the incident to Gulf News on Monday and said it had been a suicide.

"He was suffering from a mental disorder and there is no criminal suspicions behind his death," said the official.

"The incident happened on Sunday," the official confirmed.

The victim's relative said: "(He) awoke early to perform prayers and everyone was getting on with their daily morning chores when he walked to the balcony and jumped.

"He was suffering from a mental disorder and had been disturbed for some time. He thought everyone was out to attack him and had stopped eating his food as he thought people were feeding him poison. He was refusing to even take water from us."

The victim had tested positive for COVID-19 on April 10. On May 7, he was discharged from a Dubai hospital after clearing all tests.

The relative told Gulf News that he had registered the victim in the Department of Non-Resident Keralites Affairs (NORKA) last month in order to repatriate him, however he was unsuccessful in procuring a ticket.

Riyad, Apr 27: The Saudi-led Arab Coalition supporting Yemen’s UN-recognized government on Monday urged all parties to end any escalation of hostilities and return to the status that existed before the Southern Transitional Council (STC) declared self-rule.

In a statement carried by the Saudi Press Agency (SPA), the coalition emphasized “the need to cancel any step that violates the Riyadh agreement and work to accelerate its implementation.” 

On Sunday, the United Arab Emirates-backed STC scrapped a peace deal with the internationally recognized government of President Abed Rabbo Mansour Hadi.

Accusing the government of corruption and mismanagement, the separatists said they would “self-govern” the key southern port city of Aden and other southern provinces.

Yemen’s Foreign Minister Mohammed Al-Hadhrami described the move as a “resumption of its (STC’s) armed insurgency and rejection and complete withdrawal from the Riyadh agreement.” 

Authorities in Yemen’s southern provinces of Hadramawt, Abyan, Shabwa, Al-Mahra and the remote island of Socotra also rejected the separatist group’s claim to self-rule.

The government said local and security authorities in the five provinces dismissed the move as a “clear and definite coup.” 

Some of the provinces issued their own statements condemning it.

The coalition appealed to all parties to “give priority to the interests of the Yemeni people over any other interests”. 

It also urged the parties involved not to lose their focus on working to achieve the goal of restoring the state, ending the Houthi “coup” and “countering terrorist organizations”.

“The Coalition has and will continue to undertake practical and systematic steps to implement the Riyadh Agreement between the parties to unite Yemeni ranks, restore state institutions and combat the scourge of terrorism,” the statement said. “The responsibility rests with the signatories to the Agreement to undertake national steps toward implementing its provisions, which were signed and agreed upon with a time matrix for implementation.”

The STC has been part of the coalition-backed forces fighting the Iran-backed Houthi militia, which seized control of the Yemeni capital Sanaa and other provinces in 2014.

The Houthi “coup” has led to the formation of the Saudi-led coalition, which had since driven away the Houthis from the south and other provinces. President Hadi’s government has made Aden as its temporary seat.