Gujarat HC rejects Zakia Jafri's plea against SIT's clean chit to Modi

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 18: As many as 276 Indians have been infected with coronavirus abroad, including 255 in Iran, 12 in UAE and five in Italy, the government informed the Lok Sabha on Wednesday.

In a written reply to a question in the Lok Sabha, Minister of State for External Affairs V Muraleedharan said the total number of Indians infected by coronavirus is 276 — 255 in Iran, 12 in UAE, five in Italy, and one each in Hong Kong, Kuwait, Rwanda and Sri Lanka.

A fourth batch of 53 Indians returned to India from Iran on Monday, taking the total number of people evacuated from the coronavirus-hit country to 389.

Iran is one of the worst-affected countries by the coronavirus outbreak and the government has been working to bring back Indians stranded there. Over 700 people have died from the disease in Iran and nearly 14,000 cases detected.

Thiruvananthapuram, Mar 7: Kerala Chief Minister Pinarayi Vijayan on Saturday came down heavily on the BJP-led government at the Centre for imposing a ban on two Malayalam channels in connection with the Delhi violence reporting, saying an "undeclared emergency" was prevailing in the country.

Terming the ban as a "dangerous trend", the left leader said it was an indication of the coming dangers. "The Centre has made an infringement into the freedom of the press, crossing all limits. There is a threat that if anybody criticises RSS and Sangh Parivar, they will be taught a lesson," he said here in a statement.

The channels- Asianet News and MediaOne were suspended for 48 hours over their coverage of last month's riots in Delhi, with the official orders saying they covered events on February 25 in a manner that "highlighted the attack on places of worship and siding towards a particular community".

However, the ban was lifted on Saturday morning. Urging everyone to adopt a "democratic vigil" against such trends, the Chief Minister said the tactics of the Centre was to bring everyone under its control by instilling fear.

It was seen that such an approach had repeatedly been made on Parliament, constitutional bodies and judiciary in recent times, he said. Claiming that one of the reasons for the ban was criticism of RSS and the Delhi police by the channels, he said no one is beyond that. "How can it be illegal to criticise RSS? The Constitution guarantees the right of any citizen to express his opinion fearlessly," he said.

People have the right to know what is happening in the country and the media has the right and responsibility to report it, Vijayan said adding that the fourth estate should be allowed to act "freely and equitably". The ban on Asianet News was lifted at 1.30 am, while the ban on Media One was lifted at 9.30 am on Saturday, a source at the Ministry of Information and Broadcasting told PTI.

Sources said the two channels had written to the ministry seeking revocation of the bans, following which it was lifted. "Channel's reporting on Delhi violence seems to be biased as it is deliberately focusing on the vandalism of CAA supporters," the ministry order on Media One had said.

"It also questions RSS and alleges Delhi Police inaction. Channel seems to be critical towards Delhi Police and RSS." The ministry had ordered prohibition of transmission or re-transmission of Media One and Asianet News for 48 hours on any platform throughout India with effect from 7.30 pm on Friday to 7.30 pm on Sunday. The Congress and the CPI had flayed the government over the suspension of Media One and Asianet News, calling the clampdown as "stifling of media freedom".

Former chief minister Oommen Chandy said the ban on the two malayalam channels was an "affront" on the democratic rights of the media. The fourth estate is the pillar of democracy and attempts to suppress the media by the government is "extremely worrying", he said in a facebook post.

"I join all democratic minded citizens in strongly condemning such attempts to muzzle the media by the government," he said. Meanwhile, Press Club, Kerala Union of Working Jouranlists (KUWJ) and Kerala Newspaper Employees Federation (KNEF) took out a march to the General Post Office here against the Centre's action on the two channels.

Media personnel holding placards and raising slogans participated in the march against the centre's decision. Similar protests were held in various parts of the state.