"Earlier, PM Gave Birth to A PM, We Have Changed That": Nitin Gadkari

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, Jun 2: Prime Minister Narendra Modi on Tuesday said India will definitely get its economic growth back as the government continues to pursue various reforms.

Speaking at industry association CII's annual session, he said the government has taken tough steps to fight the coronavirus pandemic and has also taken care of the economy.

"On the one hand we have to safe lives of our people and on the other hand we have to stabilise the economy and speed up the economy," he said.

He said he gets the confidence from farmers, small businesses and entrepreneurs for getting the economic growth back.

"Corona may have slowed our speed (of growth) but India has now moved ahead from lockdown with the phase one of unlock. Unlock Phase-1 has reopened a large part of the economy," he said.

He said intent, inclusion, investment, infrastructure and innovation are crucial for India to revert back to a high-growth trajectory.

New Delhi, May 12: Stranded for over 50 days due to the lockdown and suspension of passenger train services, many people in the national capital will finally be able to reach their destinations in different parts of the country after the railways resumed services on Tuesday.

Three special AC trains will leave the New Delhi railway station for Dibrugarh, Bengaluru and Bilaspur.

The train to Dibrugarh in Assam will leave at 4.45 p.m, while the one leaving for Bilaspur in Chhattisgarh and Bengaluru in Karnataka will leave the New Delhi station at 5.30 p.m and 9.15 p.m respectively.

Entry to the station has been facilitated from the Paharganj side for all confirmed ticket holders. No entry for passengers holding such tickets will be permitted from the Ajmeri Gate side, the railways said.

Railway authorities have put barricades outside the station premises and only those with confirmed tickets are being allowed to enter.

All passengers are undergoing thermal screening before entering the station premises. For this purpose, they have also been asked to reach the station 90 minutes prior to the departure of the train.

A senior Railway Police Force officer said every passenger is being subjected to thermal screening. Hand sanitiser machines have also been placed at the entrance and the passengers are being advised to sanitise their hands before entering the station premises.

Syed Yasir, a private retail sector executive, said due to the resumption of services he will now be able to go to Nagpur to be with his family on Eid. 

Surendra, an engineer with a PSU, was on an assignment in Agra when the lockdown was announced. After the Railways decided to resume passenger train services, he came to Delhi in a private vehicle to board the train to Bengaluru.

"I was on an assignment in Agra where I was stuck. I have come from Agra in a private vehicle and now going to board the train to Bengaluru," Surendra, who identified himself with his first name, said.

Five more trains bound for Delhi will leave from Patna, Bengaluru, Howrah, Mumbai and Ahmedabad, the railways said.