Mallikarjun Kharge to be on CIC selection panel

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, Jun 6: Military commanders of India and China are scheduled to meet today at Moldo on the Chinese side of the Line of Actual Control (LAC), to discuss the ongoing dispute along the LAC in Eastern Ladakh.

The Commander of the Leh-based 14 Corps of the Indian Army Commander Lieutenant Gen Harinder Singh will meet his Chinese equivalent Maj Gen Liu Lin, who is the commander of South Xinjiang Military Region of Chinese People's Liberation Army (PLA) to address the ongoing tussle in Eastern Ladakh between the two countries over the heavy military build-up by the People's Liberation Army along the LAC there.

The two sides have held close to a dozen rounds of talks since the first week of May when the Chinese sent over 5,000 troops to the LAC.

On Friday, officials of India and China interacted through video-conferencing with the two sides agreeing that they should handle "their differences through peaceful discussion" while respecting each other's sensitivities and concerns and not allowing them to become disputes in accordance with the guidance provided by the leadership.

In the last few days, there has not been any major movement of the People's Liberation Army troops at the multiple sites where it has stationed itself along the LAC opposite Indian forces.

India and China have been locked in a dispute over the heavy military build-up by the People's Liberation Army (PLA) where they have brought in more than 5,000 troops along with the Eastern Ladakh sector.

The Chinese Army's intent to carry out deeper incursions was checked by the Indian security forces by quick deployment. The Chinese have also brought in heavy vehicles with artillery guns and infantry combat vehicles in their rear positions close to the Indian territory.

Aligarh, Jan 22: An FIR has been lodged against social activist and Magsaysay Award winner Sandeep Pandey for his remarks on Savarkar.

Speaking to media, CO Civil Lines, Anil Samania said, "A complaint is lodged by Rajiv Kumar Ashish, national vice-president of All India Hindu Mahasabha against Magsaysay Award winner Sandeep Pandey in connection with indecent remarks on Veer Savarkar. An FIR is lodged based on this complaint under sections 153 and 505 of the Indian Penal Code (IPC)."

"An investigation is underway. Pandey came to the Aligarh Muslim University (AMU) where he made a speech in which he made the alleged indecent remarks," he added.