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.
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Hegde is correct. He did not say that bjp has come to power to change indian constitution. He actual said that bjp is in the power to respect constitution and respect all the religions. Media twisted his statement. Hegde is a silent person as like his Go matha. He never says anything bad to others. He loves every one and respects all religions. He did not provocate the mob in Sirsi and Kumta who damaged private and govt perperty worth crores of rupees. Actually he was there to stop any voilence. He is ready to sacrifice his life to maintain peace n the society. He tried very hard to stop people from burning police car and commiting murderous attack on police. He even tried his best to stop people from posting rumours in whstasp and media that one Hindu girl was raped by gang of about 10 muslims boys and they even tried to kill her. He even asked Honnavar people not to make Paresh Mesta death issue a big one as it was planned by insiders only. Mr. Hegde is a follower of Mahatma Gandhi and he respects Bapuji very much. He cries on death anniversary of Bapuji and hates the killer Godse. He never visits Godse Mandir built by sangh parivar. Hegde is eligible person for next PM or President of India. He should be awarded with all kinds of awards ie. Padma Chakra/Padma Bhusan/ Padma shri for his noble nature and respect to all the citizens. He will be remembered by our generations to come. He will be a hero. His face itself shows how decent and nice person he is. He is ready to get slapped on face by any one and will never take revenge. He is follower of Jesus and will ask anyone who slaps on his right side to slap on left side also. Really he is a great person. Media is trying to defame him. I think whatever media doing against him is political motivated and his enemies are tryig to bring bad name to him.
He ate back what he vomited just because of the pressure by Patriotic Indian nationals. It is in their contaminated dirty blood that these anti-national communal Manuvadi Aryan parivar neither recognize nor respect Indian Secularism, Indian Constitution and Indian Flag.
shame on you Mr. AK Hegde.....
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