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New Delhi, Jan 11: The Supreme Court is scheduled to hear the curative petition of two death row convicts in 2012 Nirbhaya gang-rape case on January 14.

A five-judge Bench of Justices N V Ramana, Arun Mishra, R F Nariman, R Banumathi and Ashok Bhushan will hear the petition filed by Vinay Sharma and Mukesh.

The duo had moved a curative petition in the top court after a Delhi court issued a death warrant in their name and announced January 22 as the date of their execution.

Besides them, two other convicts named Pawan and Akshay are also slated to be executed on the same day at 7 am in Delhi's Tihar Jail premises.

They were convicted and sentenced to death for raping a 23-year-old woman on a moving bus in the national capital on the night of December 16, 2012.

The victim, who was later given the name Nirbhaya, died at a hospital in Singapore where she had been airlifted for medical treatment.

A curative petition is the last judicial resort available for redressal of grievances. It is decided by the judges in-chamber.

If it is rejected, they are legally bound to move a mercy petition. It is filed before the President who has the power to commute it to life imprisonment.

The court after issuing a black warrant in their name gave them two weeks' time to file both the curative and mercy petition.

Washington, Jun 9: The defacement of Mahatma Gandhi's statue by unknown miscreants was a "disgrace", US President Donald Trump has said, days after it was vandalised with graffiti and spray painting during the nationwide protests against the custodial killing of African-American George Floyd.

The statue, which is across the road from the Indian Embassy, was vandalised on the intervening night of June 2 and 3, prompting the Indian embassy to register a complaint with the local law enforcement agencies.

The incident happened during the week of nationwide protests against the custodial killing of Floyd in Minneapolis on May 25.

"It was a disgrace," Trump made the brief comment at the White House on Monday when asked about the incident.

The Indian Embassy here has taken up the matter with the US Department of State for early investigation into the matter, as also with the Metropolitan Police and National Park Service.

It is working with the US Department of State, Metropolitan Police and National Park Service for expeditious restoration of the statue at the park.

The US president and First Lady Melania Trump, during their visit to India in February, had spent considerable time at the Gandhi Ashram in Ahmedabad. Prime Minister Narendra Modi had personally given them a tour of the historic place.

"The First Lady and I have just had a pleasure of visiting Mahatma Gandhi's Ashram, a few miles from here, where he launched the famous Salt March," Trump had said during his address at the Namaste Trump rally at the Motera Stadium in Ahmedabad on February 24. A day later, Trump and the first lady also laid a wreath at Raj Ghat in New Delhi.

Pictures of Trump and the first lady with Gandhi's spinning wheel during their visit to the Sabarmati Ashram in Ahmedabad are seen hanging on the walls of the White House.

Last week, top US lawmakers and the Trump Campaign condemned the vandalisation of the statue.

"Very disappointing," tweeted Kimberly Guilfoyle, advisor to Donald J Trump for President Inc. and National Chair of the Trump Victory Finance Committees.

North Carolina Senator Tom Tillis said, "It's disgraceful to see the defacing of the Gandhi statue" in Washington DC.

"Gandhi was a pioneer of peaceful protesting, demonstrating the great change it can bring. Rioting, looting and vandalising do not bring us together, he said.

Senator Marco Rubio said, "more evidence that violent radicals and run of the mill crazies have hijacked legitimate protests to create anarchy or for their own purposes."

Protests against the custodial killing of Floyd turned violent in the US and prestigious monuments were damaged. In Washington DC, protestors burnt a historic church and damaged monuments like the Lincoln Memorial.

US Ambassador to India Ken Juster apologised for the incident.

"So sorry to see the desecration of the Gandhi statue in Wash, DC. Please accept our sincere apologies," he said.

"Appalled as well by the horrific death of George Floyd and the awful violence and vandalism. We stand against prejudice & discrimination of any type. We will recover and be better," he said in a tweet last week.

One of the few statues of a foreign leader on a federal land in Washington DC, the statue of Gandhi was dedicated by former prime minister Atal Bihari Vajpayee in the presence of the then US president Bill Clinton on September 16, 2000, during his state visit to the US.

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.