I think I should stay away from this debate: Modi on judicial crisis

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.

Kochi, Feb 14: A special National Investigation Agency (NIA) court on Friday extended the remand of Thalassery-based students Allan Shuhaib and Thaha Fasal till March 13.

They were arrested under the Unlawful Activities (Prevention) Act in Kozhikode in November 2019.

Meanwhile, Alan Shuhaib has approached the High Court seeking permission to appear for the LLB 2nd semester exam scheduled on February 18.

Kerala Chief Minister Pinarayi Vijayan on February 6 wrote to Home Minister Amit Shah, urging him to transfer the case of the two students, who were arrested for alleged links with Maoists, from the NIA to state police.

Allan and Thaha, students of law and journalism respectively of Kannur University, were taken into custody by the police from Pantheerankavu in Kozhikode on November 1 last year for alleged links with the Naxals.

The duo was charged under Sections 20 (punishment for being a member of terrorist gang or organisation), 38 (offence relating to membership of a terrorist organisation) and 39 (offence relating to support given to a terrorist organisation) of the UAPA.

New Delhi, Apr 19: With 1,334 fresh cases of coronavirus reported in the last 24 hours, the total number of confirmed cases of COVID-19 in India has reached 15,712 including 507 deaths, said Lav Aggarwal, Joint Secretary, Health and Family Welfare, here on Sunday.

As many as 2,231 people have recovered from the disease so far, said Aggarwal during the daily media briefing on the coronavirus. "This equals 14.1 per cent of the total cases," he added.

"A total of 15,712 confirmed cases have been reported in India including 507 deaths and 2,231 people, who were COVID-19 positive, have recovered. Out of the total deaths, 27 deaths have been reported in the last 24 hours," said Aggarwal.

The Joint Secretary said that no new case was reported in Mahe in Puducherry and Karnataka's Kodagu in the last 28 days.

"A total of 54 other districts beside these two in 23 States/Union Territories did not report any cases in the last 14 days," he said.

He informed that there are 755 dedicated COVID-19 hospitals and 1,389 dedicated health care centres in the country, which takes the total dedicated facilities where severe or critical patients can be treated to 2,144.