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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.

Thiruvananthapuram, Feb 6: The Kerala government on Wednesday said three foreign nationals were among the 2,528 people under observation in the state for the novel coronavirus infection and no new cases have been reported.

At least 93 people with minor symptoms of the virus have been lodged in isolation wards of various hospitals, state Health Minister KK Shailaja told reporters in Thiruvananthapuram.

India's three positive cases for the virus has been from the state's three districts of Thrissur, Alappuzha and Kasaragod.

All the three are students of China's Wuhan university, the epicentre of the virus.

"No new cases of coronavirus has been detected in the state today. At least 2,435 are under observation at home while 93 are in isolation wards at various hospital across the state," Mr Shailaja said.

The minister also said two foreigners have been quarantined in Ernakulam district and one foreign national at Thiruvananthapuram.

"The foreigner in Thiruvananthapuram has been kept at general hospital but not because he was showing symptoms but for observation as he travelled from China," an official said.

The health status of the three patients, who had tested positive for the virus, "remains satisfactory", the minister said.

After three cases were reported, the Left Democratic Front (LDF) government had declared the epidemic as a "state calamity" on Monday.

The health department has issued advisories to the education, tourism and the animal husbandry departments on taking precautions.

"The students, teachers, other staff members residing with families of Wuhan/China returnees who are already in home isolation should not attend classes...," an advisory issued to the education department read.

Rajan Khobragade, Principal Secretary (Health), said the health department has directed the District collectors to hold a meeting with the religious leaders of the district to create awareness during prayer meetings.

"We have directed district collectors to meet religious leaders and talk to them about the seriousness of the situation and create awareness among them and their followers on how to contain the spread of virus," the minister said.

Mr Shailaja also said the department got messages from some Kerala students studying in China, who returned to the state after the virus outbreak, that their Universities had asked them to return and attend classes.

"We have got some messages from the students that they were being recalled by the universities in China. We discussed the matter and it was decided that the centre will contact such universities and convey the message that it was not possible to send the students back to China until the epidemic was under control," the minister said.

Mr Shailaja also said even though there were no positive cases for the second consecutive day on Wednesday, the state needs to remain vigilant and reiterated the 28 days quarantine period for those returning from China.

Of the 2,528 people under observation, the maximum number is from Malappuram (383), followed by Ernakulam (333), Kozhikode (306) and Thrissur (241).

Bengaluru, Feb 29: Dreaded underworld don Ravi Poojary's lawyer Dilraj has allegedly been kept out of hearing distance and as a mute spectator during interrogation by the police.

"The lawyer is a mute spectator out of hearing distance from the interrogation. He is not privy to what police ask Pujari," a source told media.

As directed by the court and requested by Poojary, Dilraj is allowed to be present near the interrogation for him to consult on legal issues, but the cops have made sure that he does not hear anything for fear of leaking information.

The court has also ordered the interrogation to be video graphed, which the police are carrying out.

Police sources said that Ravi Poojary is relaxed and cool during the multi-lingual interrogation.

"He is cool, giving frank replies. Poojary is exhibiting confidence in whatever he is telling. Maybe confidently lying, police are not new to him," said the source.

According to source, the gangster knows how to handle police, with sufficient knowledge to reveal how much he wants to, when to stop, when to talk, when to mislead and plant false information.

"Poojary is being interrogated in his mother tongue Kannada, Hindi and English. He is fluent in English," the source said.

However, the source denied speculation gaining currency that Poojary requested police not to send him to Mumbai fearing of being eliminated by the henchmen of dreaded underworld dons Dawood Ibrahim and Chota Rajan.

"Nothing of that sort happened. It doesn't work like that. He has been captured after 25 years, and he is not a king to choose. Wherever the law takes him, he will go there," said the source.

Rajan is serving a life sentence inside a high security cell in Delhi's Tihar jail.

Currently, the probe is focused on Tilknagar Shabnam Developers double murder shootout case. Police are discovering information, verifying it with respect to evidence and building the case.

Taking regular breaks, police are interrogating Poojary from morning till evening.

Of the over 200 cases against Poojary in the southern state, 39 are in Bengaluru, 36 at Mangaluru, 11 in Udupi on the state's west coast and one each at Mysuru, Hubballi-Dharwad, Kolar and Shivamogga in Malnad.

The other cases are in Mumbai (49) and in Gujarat (75) pertaining to extortion, kidnapping, ransom demand and murder threats.

Poojary also extorted huge amounts from popular Bollywood stars and realtors. He was also involved in an attempt to murder case, aimed at killing a prominent lawyer of Mumbai.

A four-member Karnataka police team led by Pandey brought the 52-year-old underworld don to Bengaluru from Dakar in Senegal via Paris in an Air France scheduled flight during the wee hours and kept him at an interrogation centre in the city's south-east suburb.