Haji Hameed Kandak calls for unity among Ahinda communities, collapses on stage, dies

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.

Bengaluru, Mar 27: In a preparatory measure to tackle any exigency in the backdrop of spread of coronavirus, the Karnataka government has asked district administrations to use as quarantine centres the residential schools and hostels that come the under Social Welfare department.

"Wherever necessary, these residential schools and hostels can be converted as quarantine facility without any extra cost by the district administrations," Deputy Chief Minister Govind Karjol said in a statement.

The total number of COVID-19 cases in Karnataka stood at 55, including two deaths and three discharged persons, as on Thursday.

Karjol, who is also the Minister in-charge of Social Welfare department said, in view of holidays for educational institutions, there were no students staying in the residential schools and hostels and hence they can be used for quarantine purpose.

All the residential schools at hostels in districts and taluks are spacious and have all required facilities like rooms, kitchen, toilets, bathrooms, libraries among others, the Minister said adding most of them were located away from densely populated areas.

Bengaluru, Mar 19: The Karnataka government has extended the statewide coronavirus shutdown till March 31 as the number of positive cases rose to 14, of whom 11 are those who came in from foreign countries.

In an emergency Cabinet meeting, the state government set up a task force of four ministers to lead the defence against the virus. This core team will have Rs 200 crore to orchestrate the combat.

When chief minister B S Yediyurappa announced the shutdown last week, it was to be in force until March 21, but it was always unlikely that the Covid-19 scare would have waned by then.

Several more restrictions were announced today. Quarantine will be mandatory for all passengers arriving from foreign countries. While schools, colleges and business establishments will continue to be closed, restrictions have been extended to marriages, fairs and social functions as well.

Public entry to Vidhana Soudha, Vikas Soudha and the M.S. Building has been barred till March 31.

While setting up the task force, the government has earmarked Rs 200 crore for the coronavirus campaign. The chief minister said there is no dearth of funds for fighting the virus.

The task force will have deputy chief minister Ashwathnarayana, home minister Basavaraj Bommai, medical education minister Sudhakar, health and family welfare minister B Sreeramulu and chief secretary T M Vijaybhaskar.  Sreeramulu will head the task force.

The task force will monitor coronavirus cases on a daily basis and orchestrate the response of all stakeholders. It will issue a daily bulletin on the epidemic and also run awareness campaigns.

With quarantine now mandatory for passengers coming in foreign countries, community centres, hotels, convention centres, resorts and even PGs will be rented to accommodate the new arrivals.

The compulsory quarantine will be for 15 days.

A quarantine stamp will be imprinted on the right hand of passengers coming in from foreign countries.

Since the Centre has relaxed the rules for using SDRF funds, the state government will draw from it to contain the pandemic; therefore, there will be more funds available to all districts, chief minister B S Yediyurappa said in the Assembly.

In further measures, all passengers and suspected Covid-19 cases will be tracked by their mobile phones.

Primary stage

“We are in the first and second stages of the epidemic. The virus is still at a primary stage and has not spread to community level," medical education minister Sudhakar said in the Assembly.

"It is important that we do not let the epidemic enter the third stage. It is possible if we implement stringent measures. People have responded positively to the state government’s measures and are cooperating with our decisions," Sudhakar said.