Hartals should not be called without issuing prior notice: Kerala HC

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.

Jan 31: Twenty-three children aged between six months and 15 years, who had been taken hostage by a murder accused after inviting them to his daughter's birthday party, were rescued late on Thursday night after police killed their captor in a village here.

The hostage drama began at Kasaria village in the afternoon and continued for about eight hours.

"The accused was killed and there were about 23 children who were rescued safely," Additional Chief Secretary (Home) Awanish Awasthi told reporters at a hurriedly called press conference at 1.20 am.

"The accused had invited the children for the birthday party of his daughter and held them hostage. It started about 5.45 pm on January 30 and continued for about eight hours," Director General of Police (DGP) O P Singh said, adding that in the entire operation they had tried to "engage" the accused and were successful.

He said the accused, identified as Subhash Batham, had initially released a six-month-old girl by handing her over to his neighbour from a balcony.

Eyewitnesses said a restive crowd gathered outside the house where the children were kept with some women wailing and praying for their safe release.

The crowd broke open the door of the house to rescue the children, they said.

As the accused opened fire, the police retaliated killing him on the spot.

In the exchange of fire, the captor's wife was injured, but none of the children suffered any injury.

A man and two policemen also suffered bullet injuries.

The motive of the accused was not known immediately.

Chief Minister Yogi Adityanath monitored the situation in Farrukhabad, which is nearly 200 km from state capital Lucknow.

"The CM as soon as he got to know about the incident called a meeting of the crisis management group and personally monitored the situation and ensured children are rescued safely," Awasthi said.

Earlier, a team of NSG (National Security Guard) commandos had taken a special aircraft to reach Farukhabad, a senior security official in Delhi said.

Police said Batham, a murder accused, seemed to be mentally unstable.

Inspector-General of Police, Kanpur Range, Mohit Agarwal, said, "The man called the children for a birthday party and held them hostage in the basement of the house. He fired six shots from inside the building."

Batham initially wanted to talk to the local MLA, but refused to speak to the leader when he arrived, Agarwal said.

The International Cricket Council (ICC) today confirmed the ICC Men’s T20 World Cup in Australia 2020 has been postponed due to the ongoing COVID-19 pandemic

At today’s meeting of the IBC Board (the commercial subsidiary of the ICC), windows for the next three ICC men’s events were also agreed to bring clarity to the calendar and give the sport the best possible opportunity over the next three years to recover from the disruption caused by COVID-19.

The windows for the Men’s events are:

1. ICC Men’s T20 World Cup 2021 will be held October – November 2021 with the final on 14 November 2021

2. ICC Men’s T20 World Cup 2022 will be held October – November 2022 with the final on 13 November 2022

3. ICC Men’s Cricket World Cup 2023 will be held in India October – November 2023 with the final on 26 November 2023

The IBC Board agreed to continue to monitor the rapidly changing situation and assess all the information available in order to make a considered decision on future hosts to ensure the sport is able to stage safe and successful global events in 2021 and 2022.

The IBC Board will also continue to evaluate the situation in relation to being able to stage the ICC Women’s Cricket World Cup 2021 in New Zealand in February next year. In the meantime, planning for this event continues as scheduled.

The Board will also continue to evaluate the situation in relation to being able to stage the ICC Women’s Cricket World Cup 2021.

ICC Chief Executive Manu Sawhney said: “We have undertaken a comprehensive and complex contingency planning exercise and through this process, our number one priority has been to protect the health and safety of everyone involved in the sport.

“The decision to postpone the ICC Men’s T20 World Cup was taken after careful consideration of all of the options available to us and gives us the best possible opportunity of delivering two safe and successful T20 World Cups for fans around the world.

“Our Members now have the clarity they need around event windows to enable them to reschedule lost bilateral and domestic cricket. Moving the Men’s Cricket World Cup to a later window is a critical element of this and gives us a better chance of maintaining the integrity of the qualification process. This additional time will be used to reschedule games that might be lost because of the pandemic ensuring qualification can be decided on the field of play.

“Throughout this process we have worked closely with our key stakeholders including governments, Members, broadcasters, partners and medical experts to enable us to reach a collective decision for the good of the game and our fans. I would like to thank everyone involved for their commitment to a safe return to cricket.”