Lynching incidents shouldn't be politicised or given communal colour: Naqvi

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.

Pune, Jan 1: Maharashtra Deputy Chief Minister Ajit Pawar and Vanchit Bahujan Aghadi president Prakash Ambedkar paid tributes at the 'Jay Stambh' near here on Wednesday on the 202nd anniversary of Koregaon Bhima battle.

Lakhs of people congregate every year at the 'Jay Stambh' (victory pillar) near Koregaon Bhima village to offer tributes on the anniversary of the battle, which was fought on January 1, 1818 between the British East India Company and the Peshwa faction of the Maratha Confederacy.

Violence broke out during the bicentenary celebrations of the Koregaon Bhima battle on January 1, 2018 in which one person was killed and several others were injured.

Police have made elaborate security arrangements to ensure no untoward incident takes place during the congregation at the victory pillar, an official said.

Talking to reporters after visiting the victory pillar, Pawar said he came to offer tributes on behalf of the people of Maharashtra.

"This pillar has history and every year lakhs of people come here. Some untoward incidents took place two years ago, but the government is taking utmost care and elaborate police bandobast has been made here to ensure that no untoward incident takes place," he said.

Pawar also urged people to visit the war memorial in a peaceful manner.

"I appeal to people to come here and offer their tributes, but maintain peace and do not believe in rumours," the NCP leader said.

Prakash Ambedkar also offered his tributes at the victory pillar.

Pune Police last week issued notices to several people, including right-wing leaders Milind Ekbote and Sambhaji Bhide, and members of Kabir Kala Manch, barring them from entering the district for four days from December 29.

The notices, as part of preventive action, were issued to all those against whom cases were registered in connection with the violence two years ago.

Ekbote was arrested in March 2018 for allegedly instigating and orchestrating the violence around Koregaon Bhima.

Bhide was also booked and named in the FIR, but never arrested.

The police attributed the violence to the Elgar Parishad conclave held here on December 31, 2017, where provocative speeches were allegedly made.

They are also probing the alleged "Maoist link" of some activists to the Elgar Parishad conclave.

Several Dalit groups observe the anniversary of the Koregaon Bhima battle, in which the British defeated the Peshwas of Maharashtra.

The memorial, located at Perne village on Pune- Ahmednagar road, was constructed by the British in the memory of soldiers who died in the battle.

Dalit leaders commemorate the British victory as soldiers from the Mahar community were part of the East India Company's forces.

The Peshwas were Brahmins, and the victory is seen as a symbol of assertiveness by Dalits.

New Delhi, Feb 5: Union Home Minister Amit Shah on Tuesday announced that the Shri Ram Janmabhoomi Teertha Kshetra, set up by the government for construction of a temple in Ayodhya, will have 15 trustees and one of them will be from the Dalit community.

The statement comes a little over an hour after Prime Minister Narendra Modi announced in Lok Sabha about the constitution of the trust.

"There will be 15 trustees in the Shri Ram Janmabhoomi Teertha Kshetra Trust out of which one trustee will always be from the Dalit society," he tweeted.

Shah congratulated Modi "for such an unprecedented decision" that strengthens social harmony.

The home minister said the trust will be independent to take every decision related to the temple and 67 acres of land will be transferred to it.

"I fully believe that the waiting of millions of people for centuries will be over soon and they will be able to pay obeisance to Lord Shri Ram in his grand temple at his birthplace," he said.