Kargil avalanche: Body of jawan retrieved from under 12-ft snow

New Delhi, May 9: The Supreme Court on Friday agreed to consider a plea raising the issue of mass termination and the illegal salary cut of employees in IT/ITES/BPO/KPI by their employers during the lockdown due to the spread of the coronavirus.

A bench comprising Justices Ashok Bhushan, S.K. Kaul and B.R. Gavai, taking up the matter through video conferencing, agreed to examine the issue and listed it for May 15.

The petition, argued by senior advocate Devadatt Kamat, was filed by National Information Technology Employees Sena (NITES) through advocate-on-record Amit Pai, and sought implementation of directions issued by the Centre on March 29 and similar advisories issued by several other states mandating payment of wages/salaries to the employees and also directed not to terminate them during the period of lockdown.

A directive was issued by the Union Ministry of Labour and Empowerment to all Chief Secretaries of state governments to issue advisories to public and private companies to not lay off employees or implement pay cuts during lockdown.

In the Centre for Monitoring Indian Economy (CMIE) report published on April 19, it was noted that "several companies across the country have started to terminate its employees without any reasonable cause and have started withholding their salaries. It is submitted that in such testing times, the rights of the employees ought to be protected by necessary orders/directions to the companies through the Respondents to effectively implement the lockdown and to contain the spread of the virus", said the plea.

On March 29, the Centre issued an order directing all states and Union Territories to issue orders, requiring all the employers in the industrial sector and shops and commercial establishments to pay wages on the due date without any deduction during their closure due to the lockdown.

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, Apr 8: The death toll due to the novel coronavirus rose to 149 and the number of cases to 5,194 in the country on Wednesday, according to the Union Health Ministry.

While the number of active COVID-19 cases is 4,643, as many as 401 people were cured and discharged and one had migrated, it said.

The total number of cases include 70 foreign nationals.

According to the ministry's data updated at 9 a.m., 25 new deaths have been reported since Tuesday.

Sixteen deaths were reported from Maharashtra, two each from Delhi, West Bengal, Haryana and Tamil Nadu and one from Andhra Pradesh.

Maharashtra has reported the most coronavirus deaths at 64, followed by Gujarat  and Madhya Pradesh at 13 each and Delhi at 9.

Telengana, Punjab and Tamil Nadu have reported seven fatalities each.

West Bengal has registered five deaths, Karnataka and Andhra Pradesh have reported four each, Uttar Pradesh, Haryana and Rajasthan have recorded three deaths each.

Two deaths each have been reported from Jammu and Kashmir and Kerala.

Bihar, Himachal Pradesh and Odisha reported one fatality each, according to the health ministry data.

However, a PTI tally of figures reported by various states as on Tuesday 9.45 p.m. showed 5,192 testing positive across the country and at least 162 deaths.

There has been a lag in the Union Health Ministry figures, compared to the numbers announced by different states, which officials attribute to procedural delays in assigning the cases to individual states.

The highest number of confirmed cases in the country are from Maharashtra at 1018, followed by Tamil Nadu at 690 and Delhi with 576 cases.

Telengana has reported 364 COVID-19 cases followed by Kerala at 336.

Rajasthan has 328 cases, Uttar Pradesh has 326 and Andhra Pradesh reported 305 coronavirus cases.

Novel coronavirus cases have risen to 229 in Madhya Pradesh, 175 in Karnataka and 165 in Gujarat.

Haryana has 147 cases, Jammu and Kashmir has 116, West Bengal has 99 and Punjab has 91 positive patients so far. Odisha has reported 42 coronavirus cases.

Thirty- eight people were infected with the virus in Bihar while Uttarakhand has 31 patients and Assam 27.

Chandigarh  and Himachal Pradesh have 18 cases each while Ladakh has 14 positive patients so far.

Ten cases each have been reported from the Andaman and Nicobar Islands and Chhattisgarh. 

Goa has reported seven COVID-19 infections, followed by Puducherry at five cases. Jharkhand has reported four cases and Manipur two. 

Tripura, Mizoram and Arunachal Pradesh have reported one case each.

"State-wise distribution is subject to further verification and reconciliation," the ministry said on its website.