CPEC's Chinese in Pakistan could be targeted in terror strikes, China embassy warns

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.

United Nations, Jun 6: US President Donald Trump’s response to protests against the killing of African-American George Floyd has included language “directly associated with racial segregationists” from America's past, a group of UN human rights experts have said.

There have been widespread protests across the United States as Floyd, 46, was killed by a white police officer in Minneapolis. People from diverse backgrounds have called for justice and have voiced their support to the protests.

In the wake of protests over the killing of Floyd, Trump had tweeted that “when the looting starts, the shooting starts.”

“The response of the President of the United States to the protests at different junctures has included threatening more state violence using language directly associated with racial segregationists from the nation’s past, who worked hard to deny black people fundamental human rights," a statement issued on Friday by over 60 independent experts of the Special Procedures of the United Nations Human Rights Council said.

"We are deeply concerned that the nation is on the brink of a militarised response that reenacts the injustices that have driven people to the streets to protest,” it said.

A report in The New York Times had said that the phrase "When the looting starts, the shooting starts” was used by Miami’s former police chief Walter Headley in 1967. Headley had been “long accused of using racist tactics in his force’s patrols of black neighbourhoods,” the NYT had said.

They said the recent killing of Floyd has shocked many in the world, “but it is the lived reality of black people across the United States. The uprising nationally is a protest against systemic racism that produces state-sponsored racial violence, and licenses impunity for this violence.”

They noted that following the recent spate of killings of African-Americans, many in the United States and abroad are finally acknowledging that “the problem is not a few bad apples” but instead the problem is the very way that economic, political and social life are structured in a country that prides itself in liberal democracy, and with the largest economy in the world.

Separately, 28 UN experts called on the US Government to take decisive action to address systemic racism and racial bias in the country's criminal justice system by launching independent investigations and ensuring accountability in all cases of excessive use of force by police.

“Exactly 99 years after the massacre in Tulsa, involving the killing of people of African descent and the massive loss of life, destruction of property and loss of wealth on ‘Black Wall Street’, African Americans continue to experience racial terror in state-sponsored and privately organised violence,” the experts said.

Strongly condemning the killings of Ahmaud Arbery, Breonna Taylor and George Floyd, the experts called for systemic reform and justice. “Given the track record of impunity for racial violence of this nature in the United States, Black people have good reason to fear for their lives.”

Taylor, a 25-year-old emergency medical technician was shot in her bed when police raided the wrong house; Arbery, 25, was fatally shot while jogging near his home by three white men who chased and cornered him; and Floyd was accused of using counterfeit currency in a store and died in the street while a white officer knelt on his neck and three others participated and observed.

“The origin story of policing in the United States of America starts with slave patrols and social control, where human property of enslavers was ‘protected’ with violence and impunity against people of African descent. In the US, this legacy of racial terror remains evident in modern-day policing,” the experts said.

The experts also raised concern about the police response to demonstrations in several US cities, termed by some the ‘Fed Up-rising’, that have been marked by violence, arbitrary arrest, militarisation and the detention of thousands of protesters. Reporters of colour have been targeted and detained, and some journalists have faced violence and harassment.

“Statements from the US Government inciting and threatening violence against protesters stand in stark contrast to calls for leniency and understanding which the Government had issued in the wake of largely white protests against COVID-19 restrictions on services like barbershops, salons, and spas,” the experts said.

New Delhi, May 30: The COVID-19 pandemic has left the Indian private healthcare sector in acute financial distress, a new survey said on Friday adding that the healthcare facilities in the country have witnessed at least 80 per cent fall in average revenue.

Post the lockdown from March 24, Indian hospitals have seen a large impact, especially among small and medium-sized hospitals, which are now facing existential challenges.

The survey by healthcare industry body NATHEALTH was conducted in 251 healthcare facilities across nine states and 69 cities to assess the impact of COVID-19 on the domestic healthcare industry.

The findings showed that 90 per cent of the surveyed healthcare facilities are facing financial challenges with 21 per cent facilities facing an existential threat.

"There is a need for a stimulus package to revive the Indian healthcare industry which will be crucial to provide much-needed relief to the healthcare sector which is the frontline defence in this fight against COVID-19," said Dr Sudarshan Ballal, President NATHEALTH.

According to the survey, hospitals in tier 1 and tier 2 cities are experiencing a 78 per cent reduction in OPD footfalls, and a drop of 79 per cent in in-patient admissions.

The study found that 90 per cent of organisations require some form of financial assistance.

The findings indicated that even after the lockdown lift, the situation will remain difficult for the hospitals and nursing homes as patients will hesitate from visiting hospitals.