How a hatemonger used a schoolgirl to concoct a stabbing story to create unrest in Honnavar

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, Jan 10: The National Commission for Scheduled Tribes (NCST), which met with officials of the Social Welfare Department Thursday, has urged the state government to increase the reservation provided to the ST community.

The Commission's suggestion comes even as a committee headed by Justice Nagamohan Das is currently studying a demand for increase of reservation for the community from the existing 3% to 7.5%.

Addressing mediapersons on Thursday, Commission Chairperson Nand Kumar Sai, said the Commission had discussed the issue with the Social Welfare Department, Karnataka, asking officials to expedite the process.

In response to this suggestion, Social Welfare Department Principal Secretary G Kumar Naik said the government would take a call based on the Nagamohan Das Committee's report.

A meeting was held between members of the National ST Commission and the Social Welfare Department Thursday with regard to various projects taken up by the department.

In June last year, the then Kumaraswamy-led coalition government constituted the Justice Nagamohan Das Committee, after protests from members of the Valmiki community for an increase in reservation to 7.5%. At present, Karnataka provides 15% reservation for SCs, 3% for STs and 32% for other backward classes (OBC).

The national commission also urged the state government to ensure permanent faculty in all the 824 residential institutions run by the department. At present, as much as 50% of the faculty in these institutions have been hired on a contractual basis. "We have assured that the recruitment will be done in a short time," Naik told mediapersons.

Mangaluru, Jun 13: Around people from Bhatkal, who were stranded in United Arab Emirates due to months of covid lockdown, finally reached their hometown today. A charter flight carrying these passengers took from the Ras Al Khaimah International Airport at 11:20 PM (UAE time) yesterday and landed at Mangaluru International Airport at 4.20 am today.

After completing all the formalities, they were taken to Bhatkal in five buses arranged by Bhatkali Jamaatul Muslimeen, Mangaluru. Two hotels and a college hostel have been booked for the institutional quarantine of the returnees. 

The passengers were received at the airport by Majlis E Islah wa Tanzeem executive members, Bhatkali Jamaat Ul Muslimeen executive members, and Bhatkal Muslim Youth Federation executive members. 

Ateequr Rahman Muniri, vice president of Majlis-e-Islah wa Tanzeem and owner of UAE based Nuha General Trading LLC, had taken the initiative of sending stranded citizens of Bhatkal and surrounding regions to back home from UAE.

“After we came to know about the problems of the NRIs stranded in UAE plans were made to charter flights to send them home. I received huge support from the Bhatkal community leaders and youth here in Dubai, who gave their complete cooperation and helped with their efforts in successfully chartering the first flight," Muniri said.