Isolate the forces of violence; end political killings: Vice President

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.

New Delhi, Jan 18: Senior advocate Indira Jaising urged the mother of Nirbhaya to pardon the men on death row who were convicted for the 2012 gang rape of her daughter.

Jaising took to Twitter to make the request shortly after Asha Devi on Friday expressed her disappointment following a Delhi court postponed the date of the execution of the four convicts.

"While I fully identify with the pain of Asha Devi I urge her to follow the example of Sonia Gandhi who forgave Nalini and said she didn't not want the death penalty for her. We are with you but against the death penalty," Jaisingh tweeted.

While I fully identify with the pain of Asha Devi I urge her to follow the example of Sonia Gandhi who forgave Nalini and said she didn’t not want the death penalty for her . We are with you but against death penalty. https://t.co/VkWNIbiaJp

— Indira Jaising (@IJaising) January 17, 2020

Asha Devi lashed out at Jaisingh suggesting pardon for the convicts. "I can't believe how Indira Jaising even dared to suggest such this. I met her many times over the years in Supreme Court, not once she asked for my wellbeing and today, she is speaking for convicts. Such people earn livelihood by supporting rapists, hence rape incidents don't stop," Asha Devi told ANI.

Nalini was arrested and convicted for her role in the assassination of former prime minister Rajiv Gandhi in 1991.

Earlier on Friday Asha Devi had lashed out at the courts and the government stating that "the same people who had in the year 2012 gone around participating in rallies and raised slogans for women's safety are playing with the death of my daughter for their political gains. They have stopped the execution for their political gains."

The death-row convicts who were earlier slated to be executed on January 22 at 7 am are set to be hanged on February 1 at 6 am.

Asha Devi rued that the convicts got what they wished for. "I will not be satisfied until they are hanged," she added.

Four convicts, Vinay, Akshay, Pawan and Mukesh were convicted and sentenced to death for raping a 23-year-old woman in a moving bus in the national capital on the intervening night of December 16-17, 2012.

The victim, who was later given the name Nirbhaya succumbed to injuries at a hospital in Singapore where she had been airlifted for medical treatment.