For killing Indian techie Srinivas Kuchibhotla, US man faces death or life in prison

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.

Geneva, Apr 28: The global death toll from the novel coronavirus has increased over the past 24 hours by nearly 5,000 to top 198,000, the World Health Organisation (WHO) said.

According to the latest WHO data, 85,530 new cases of infection have been registered globally over the past day, with 4,982 deaths.

The overall number of COVID-19 cases worldwide increased to 2,878,196 and the death count reached 198,668.

There are 1,359,380 confirmed cases and 124,525 deaths in Europe.

The number of cases in the Americas total 1,140,520, with 58,492 deaths.

Global health experts on Wednesday said novel coronavirus is here to stay for more than a year and called for aggressive testing to prevent its spread.

In an interaction with Congress leader Rahul Gandhi, health experts Professor Ashish Jha and Professor Johan Giesecke talked about the COVID-19 pandemic as part of the series being aired on Congress social media channels.

While Jha exuded confidence that a vaccine will be available in a year's time, Prof Giesecke said India should practice a lockdown that is as 'soft' as possible, as a severe lockdown will ruin its economy very quickly.

"When the economy is opened up after lockdown, you have to create confidence among people," Harvard health expert Ashish Jha told Gandhi.

Jha is a professor of Global Health at TH Chan School of Public Health and Director, Harvard Global Health institute.

He said coronavirus is a '12-18 months' problem and the world is not going to be free of this till 2021.

The expert also called for the need for aggressive testing strategy for high-risk areas.

Gandhi, while interacting with the experts, said life is going to change post COVID-19.

"If 9/11 was a new chapter, this will be a new book," he remarked.

Professor Johan Giesecke, former chief scientist, European Centre for Disease Prevention and Control said India should have a 'soft lockdown'.

"The situation that India is in, I think, you should have a soft lockdown, as soft as possible," he said.

"I think for India, you will ruin your economy very quickly if you have a severe lockdown. It is better, skip the lockdown, take care of the old and the frail...," he noted.