Hindu priest attacked by ‘nationalist’ near temple in US

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.

Islamabad, Feb 17: Prime Minister Imran Khan on Monday warned that Pakistan may face another refugee crisis if the international community failed to take notice of the current situation in India.

Speaking at the two-day refugee summit in Islamabad on 40 years of hosting Afghan refugees in Pakistan, he said India’s "ultranationalist ideology going unchecked could lead to destruction and the region could become a flashpoint", The Express Tribune quoted him as saying.

Khan said if the international community does not take notice of this situation, it will create another refugee crisis for Pakistan as Muslims of India will move to Pakistan.

"This is not the India of Jawaharlal Nehru and Mahatma Gandhi. The United Nations (UN) must play its role otherwise it will become a very big problem in the future," Duniya News quoted Khan as saying.

He said said that Prime Minister Narendra Modi’s statement that India can destroy Pakistan in 11 days is not a responsible statement by a premier of a nuclear state with a huge population, the paper reported.

Khan made the statement in the presence of visiting UN Secretary General Antonio Guterres, who was also attending the summit.

He said because of the "Hindutva" ideology, Kashmiris have been lockdown for over 200 days. He alleged under the same ideology, the BJP-led government passed two discriminatory nationalistic legislations, targeting 200 million Muslims in India.

Khan was referring to India's Citizenship (Amendment) Act and the revocation of the special status to Jammu and Kashmir.

The new citizenship law passed by the Indian Parliament in December 2019 offers citizenship to non-Muslim persecuted religious minorities from Pakistan, Bangladesh and Afghanistan.

The Indian government has maintained that the CAA is an internal matter of the country and stressed that the goal is to protect the oppressed minorities of neighbouring countries.

India revoked Jammu and Kashmir's special status on August 5. Reacting to India's move, Pakistan downgraded diplomatic ties with New Delhi and expelled the Indian High Commissioner.

India has always maintained that Jammu and Kashmir is its integral part and ruled out any third party mediation, including either from the UN or the US, saying it is a bilateral issue with Pakistan.