Cultural heritage, military might on display at Rajpath

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.

Thiruvananthapuram, Apr 22: Eleven more people tested positive for COVID-19 in Kerala with totalpositive cases in the State touching 437on Wednesday.

Two house surgeonsof the Kozhikode Medical college are among those who have tested positive for the virus.

The two had travelled outside the state,Chief Minister Pinarayi Vijayan told reporters.

Kannur reported seven cases, Kozhikode two, while one case each was reported from the districts of Kottayam and Malappuram.

Only one person tested negative.

The state has 127 active cases and 29,000 people are under observation, including 346 in hospitals.

Raipur, Mar 13: Calling Jyotiraditya Scindia a "power-hungry" leader, Chhattisgarh Minister and Congress leader TS Singh Deo on Friday said that if someone joins another party to occupy the top position of the state that he should never become a Chief Minister.

When enquired if Deo has any plans to join the BJP in the future, he quickly said that he would never be able to relate himself with the "ideology" of the party.

"People may make claims but I will never join BJP, even if I get 100 lives I will never associate with that ideology. A person who joins BJP for not being able to become Chief Minister should never become a Chief Minister," he said while speaking to media in Raipur.

"A single person does not remain as captain forever, Kapil Dev got his chance when Gavaskar was there. Currently, Virat Kohli is the captain but in T20 there are different captains. Will Kohli join Pakistan's team if he is not made the captain? This is beyond understanding."

On Wednesday, Scindia joined BJP in New Delhi in the presence of party President JP Nadda. He had resigned from Congress a day earlier after meeting Union Home Minister Amit Shah and Prime Minister Narendra Modi.

He will file his nomination for the Rajya Sabha elections on March 13.