India country of Hindus first, others later: Sena

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.

Miami, Mar 12: The NBA has suspended its season "until further notice" after a Utah Jazz player tested positive Wednesday for the coronavirus, a move that came only hours after the majority of the league's owners were leaning toward playing games without fans in arenas.

Now there will be no games at all, at least for the time being. A person with knowledge of the situation said the Jazz player who tested positive was center Rudy Gobert. The person spoke to The Associated Press on condition of anonymity because neither the league nor the team confirmed the test.

"The NBA is suspending game play following the conclusion of tonight's schedule of games until further notice,'' the league said in a statement sent shortly after 9:30 p.m. EDT. "The NBA will use this hiatus to determine next steps for moving forward in regard to the coronavirus pandemic.''

The test result, the NBA said, was reported shortly before the scheduled tip-off time for the Utah at Oklahoma City game on Wednesday night was called off. Players were on the floor for warmups and tip-off was moments away when they were told to return to their locker rooms. About 30 minutes later, fans were told the game was postponed ``due to unforeseen circumstances."

Shutdown for two weeks?

Those circumstances were the league's worst-case scenario for now -- a player testing positive. A second person who spoke to AP on condition of anonymity said the league expects the shutdown to last a minimum of two weeks, but cautioned that time-frame is very fluid.

"It's a very serious time right now," Miami Heat coach Erik Spoelstra said. "I think the league moved appropriately and prudently and we'll all just have to monitor the situation and see where it goes from here."

The Jazz released a statement saying a player -- they did not identify Gobert -- tested negative earlier Wednesday for flu, strep throat and an upper respiratory infection. That player's symptoms diminished as the day went along, but the decision was made to test for COVID-19 anyway. That test came back with a preliminary positive result.

"The individual is currently in the care of health officials in Oklahoma City," the Jazz said, adding that updates would come as appropriate.

New Delhi, Jun 15: With an increase of 11,502 cases in the past 24 hours, the COVID-19 count in India reached 3,32,424 on Monday, according to the Union Health and Family Welfare Ministry.

The spike is marginally lower than the highest-ever spike of 11,929 new cases the country registered a day earlier.

With 325 deaths being reported from across the country, the toll due to COVID-19 has now reached 9,520.

The COVID-19 count includes 1,53,106 active cases while 1,69,798 patients have been cured and discharged or migrated so far.

Maharashtra with 1,07,958 cases continues to be the worst-affected state in the country with 53,030 active cases while 50,978 patients have been cured and discharged in the state so far. 3,950 deaths have been reported due to the infection so far from Maharashtra.

It is followed by Tamil Nadu with 44,661 cases and the national capital with 41,182 confirmed cases.