J-K DGP urges families of militants to shun violence

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, May 23: On the occasion of Jumat-ul-Vida, the last Friday of the ongoing holy month of Ramzan, a select group of people offered namaz at Delhi's Jama Masjid ahead of Eid-ul-Fitr, while adhering to social distancing following relaxations in the fourth phase of the COVID-19 lockdown.

"A large number of people wanted to offer prayers today but we told them they should do so from their homes. Only the staff of the mosque and a few members of the family offered prayers here," Shahi Imam of Jama Masjid said.

The coronavirus pandemic has also marred the excitement of Eid for the vegetable and fruit vendors in neighbouring Daryaganj.

The fourth phase of nation-wide lockdown extended till May 31, began from Monday in which markets and shops were allowed to open. However, due to persisting fear of COVID-19, the sale of products is yet to pick pace.

Unlike each year, the market lacks the sheen this Eid with no bustle and people cautious about venturing out.

Salim, who has been selling cheese and curd in the market for the last 35 years, told ANI, "I have never seen such an Eid. There is an atmosphere of fear in the minds of people."

Another fruit seller Haseen Malik said that "During the month of Ramadan, most people relish fruits such as musk melon, sweet lemon and watermelon so there is some demand for it. But there is no excitement for Eid this year. The sale has been at an all-time low because of the lockdown."

In the wake of the festival and to ensure social distancing, Delhi Police has made elaborate security arrangements. 

Thiruvananthapuram, Apr 1: A day after the Kerala Government issued orders to provide special alcohol passes on doctor's prescription to tipplers, who exhibit withdrawal symptoms, the Excise Department received 40 applications from across the state.

Speaking to ANI, a Senior Excise Official said, "Around 40 people approached us with doctor's prescriptions to get liquor passes across the State. We will forward it to Beverages Corporation and they will conduct home delivery of liquor."

Ernakulam topped the list with eight applications, while Kottayam Excise Office received four and Thiruvananthapuram office received three applications.

"As per the notification we received, a maximum of three litre of alcohol can be provided in a week for a person. For availing liquor again they will have to submit fresh application for the liquor pass," the official added.

An order in this regard was issued by the government on Monday night which outlines the necessary steps to be taken by a person with withdrawal symptoms to purchase alcohol.

As per the order, any individual with a prescription from a government doctor or a doctor from a Taluk hospital or government hospital, where the doctor mentions the patient's "Alcohol Withdrawal Symptoms" can submit the prescription for alcohol to the nearest Excise Range office.

A form also has been provided which should be duly filled to get the liquor pass. The Excise Department after the scrutiny may allow the person to buy Indian Made Foreign Liquor (IMFL) from the beverages corporation.

However, the Kerala Government Medical Officers Association (KGMOA) came out against the order, saying that doctors affiliated with the organisation will not give a prescription for liquor. Further, in a statement issued they said they are observing a 'black day' on Wednesday in protest against the government move.

The Indian Medical Association (IMA) also had termed the direction by the Kerala government 'unscientific' and said doctors had no legal obligation to prescribe alcohol.

After the liquor ban was enforced in view of the lockdown, Kerala has witnessed a number of suicide cases allegedly connected with withdrawal symptoms.

Announcing the decision Kerala Chief Minister Pinarayi Vijayan had also mentioned that the government was issuing such a direction following reports of people developing suicidal tendencies due to the unavailability of alcohol.