Life sentence to ‘most wanted’ host Suhaib Ilyasi for murdering wife

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.

Kolkata, May 19: The super cyclonic storm 'Amphan' in west-central Bay of Bengal is likely to weaken into an 'extremely severe cyclonic storm' by noon on Tuesday, the Met department said here.

The system, which was situated 670 km south-southwest of Digha in West Bengal, is very likely to move north-northeastwards across northwest Bay of Bengal, and cross West Bengal-Bangladesh coasts in the afternoon or evening of Wednesday as a 'very severe cyclonic storm', the Met department said.

The weatherman said that 'Amphan' is expected to cross West Bengal-Bangladesh coasts between Digha in West Bengal and Hatiya islands in Bangladesh on May 20 as a very severe cyclonic storm, after losing some steam as it approaches landfall, with a maximum sustained wind speed of 155 to 165 kmph gusting to 180 kmph.

Gale wind speeds reaching 240 to 250 kmph were prevailing over west-central and adjoining east-central Bay of Bengal, the Met office said, adding, it will gradually reduce to 200 to 210 kmph gusting to 230 kmph by Tuesday evening.

The Met department, which has issued an "orange message" for West Bengal, warned of extensive damage in Kolkata, Hooghly, Howrah, South and North 24 Parganas and East Midnapore districts.

There is likely to be disruption of rail and road link at several places, uprooting of communication and power poles and extensive damage to all types of 'kutcha' houses, the weatherman said.

There is also likelihood of massive harm to standing crops, plantations and orchards, the Met office said.

Wind speeds along and off the coastal areas of West Bengal will reach 45 to 55 kmph with gusts of 65 kmph from Tuesday afternoon, and will gradually increase becoming gale wind speeds reaching 75 to 85 kmph with gusts up to 95 kmph from May 20 morning along and off districts of North and South 24 Parganas, East and West Midnapore, Kolkata, Howrah and Hooghly, Regional Met Director G K Das said.

"It will gradually increase thereafter becoming 110 to 120 kmph gusting to 130 kmph over West Midnapore, Howrah, Hooghly, Kolkata and wind speeds of 165 to 175 kmph gusting to 195 kmph over the districts of North and South 24 Parganas and East Midnapore from the afternoon to night of May 20," Das said.

Under its impact, the coastal districts of Gangetic West Bengal, including North and South 24 Parganas, Kolkata, East and West Midnapore, Howrah and Hooghly are likely to experience light to moderate rain at many places with heavy downpour at isolated places on Tuesday, he said.

On Wednesday, rainfall will occur in many places over the districts of Gangetic West Bengal, with extremely heavy rain at one or two places in Kolkata, Howrah, East Midnapore, North and South 24 Parganas and Hooghly districts, he said.

New Delhi, Jun 30: The Home Ministry on Monday issued guidelines for 'Unlock 2.0' phase across country between July 1 and July 31. The report stated that COVID-19 lockdown shall continue to remain in force in containment zones till July 31. In containment zones, only essential activities to be allowed. The government's guidelines come on a day when Maharashtra and Tamil Nadu extended lockdowns in their respective states to July 31.

Unlock 2.0 Guidelines:

•   Schools, colleges, educational institutes wil remain closed till July 31. Online/distance learning shall continue to be permitted and shall be encouraged

•   Lockdown shall continue to remain in force in containment zones till July 31st.  In containment zones, only essential activities to be allowed.

•   Night Curfew shall continue to remain in force, between 10:00 pm and 5:00 am, except for essential activities and other relaxations.

•   Social/ political/ sports/ entertainment/ academic/ cultural/ religious functions and other large congregations remain prohibited.

•   International air travel, except as allowed by MHA, will also remain barred.

•   Shops depending upon their area, can have more than 5 persons at a time. However, they have to maintain adequate physical distance.

•   Training institutions of the central and state governments will be allowed to function with effect from July 15 and SOP in this regard will be issued by the Department of Personnel and Training.

Meanwhile, Union Home Secretary Ajay Bhalla wrote to Chief Secretaries of all states and UTs, urging them to ensure compliance of Unlock 2 guidelines and direct all concerned authorities for their strict implementation.