Cong's high-profile losers in Uttarakhand

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, Mar 25: The Congress said on Wednesday that it stood with Prime Minister Narendra Modi on his appeal for 21-day lockdown but was "deeply disappointed by the lack of coherent strategy" and demanded that Rs 7,500 should be transferred to every Jan Dhan, PM Kisan and pension account to tide over the nutrition needs for 21-days.
It also demanded that the Public Distribution System (PDS) ration should be given free.
In a series of tweets, Congress Communications in-charge Randeep Singh Surejwala said that the need of the hour was to implement 'Minimum Income Guarantee Scheme' (Nyay) mooted by the Congress and party leader Rahul Gandhi.
"Please transfer Rs 7,500 to every Jan Dhan, PM Kisan, and every pension account to tide over nutrition needs of 21 days and give free PDS ration. We will rise together as a nation and defeat COVID-19. We stand with lockdown but are deeply disappointed by the lack of coherent strategy or a clear 'way ahead' on your part," he said.
Surjewala asked what steps the government took despite an early warning about COVID-19 and sought details about isolation beds and ventilators available to people.
"Dear PM, India will adhere to the lockdown but what steps did the govt take to tackle the corona pandemic despite early warnings in Feb? When will doctors, nurses and health workers have adequate protection? How many 'isolation beds' and ventilators are available and where?" he said.
He asked how daily wagers and labourers will sustain during the 21-day lockdown.
"What's your plan to address the huge issue of bread and butter and livelihood for millions? How will daily wagers, labourers, MGNREGA workers, factory workers, unorganised workers, fishermen, farmers and farm labour sustain for 21 days?" he asked.
Surjewala said the crying need is to arm doctors, nurses and health workers with personal protection equipment and asked: "why are N-95 masks, Hazmat suits not available?"
"In March itself, India needs 7.25 lakh bodysuits, 60 lakh N-95 masks, 1 crore 3 ply masks? When will they be available?" he asked.
Surjewala said that the government banned the export of ventilators, respiratory devices and sanitisers only yesterday on March 24, "84 days after the spread of COVID-19."
"Is this your government's 'Modus operandi' to fight coronavirus? Too little, Too late!," he said.
Noting that two-thirds of the country's population is engaged in agriculture, he said that Prime Minister Modi did not refer to farmers during his address to the nation and demanded a moratorium on farmers' loans.
"Crop is ready for harvest in March itself. How will it be harvested and sold and who will buy at fair price? Indebtedness relief to farmers is the only way forward in these testing times. Please put a moratorium on farmers' loans and recoveries. Please ensure the procurement of crops at MSP. Let's not forget that farmers are the backbone of India's economy," he said.
Surjewala said the Prime Minister gave only four hours to prepare for 21-day lockdown.
"Did you think of over 5 lakh truck drivers, who are now stranded on roads? Did you think of millions of workers, who are stranded in cities away from home without food or money? What should they do," he asked.

Kochi, Apr 10: Kerala government is winning accolades for saving the life of eight foreigners including a very serious UK citizen who had been undergoing critical care for COVID-19 at a hospital here.

All the persons have been completely cured with the declaration of the test result of four persons. The persons, Roberto Tonozo (57) of Italy, Lanson (76) of UK, Elizabeth Lance (76), Brial Neil (57), Janet Layi (83), Steeven Hankok (61), Annie Wilson (61) and Jan Jackson (63) were completely cured and preparing to go for their countries, an official statement said on Thursday.

The last four persons who were cured expressed their desire to undergo treatment at a private hospital here.