Mumbai’s shame: Dying woman molested on bridge during stampede

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.

India on Sunday witnessed annual solar eclipse or 'surya grahan' 2020, the third eclipse even for this year after first two lunar eclipses took place in January and June and the last annual solar eclipse of this decade.

The solar eclipse started from around 9 a.m. across the Indian map as the Sun, the Moon, and the Earth came in a straight line, and the country witnessed the 'deepest' annular solar eclipse in over a century.

Astrologers said it a fourth super rare hybrid eclipse which is a mix between an annular and total solar eclipse.

Areas like Hyderabad, Chennai, Bhubaneshwar, Kolkata, Lucknow, Mumbai, Delhi, Patna, Shillong and more witnessed a partial phase of the annular solar eclipse from 9 a.m.

In the eclipse, the distance of the Moon and Earth will be larger than usual which means the moon will not be able to cover up the sun fully and will leave out the borders of the sun - giving an appearance of a "Ring of Fire".

Press Information Bureau in a tweet informed that it is the last annular solar eclipse in India of this decade.

People can catch glimpse of the partially covered sun between 10 a.m. and 2.28 p.m. as per the time differing as locations in India. The eclipse will continue for over three hours covering 84 per cent Sun.

There are three types of solar eclipses - total, partial, and annular.

Bagalkot, April 4: A COVID-19 positive patient passed away in Karnataka's Bagalkot on Friday, taking the total number of deaths in the state to four, informed the Deputy Commissioner of Bagalkot.

The total number of coronavirus cases in the country now stands at 2650 including 184 people who have been discharged or cured or migrated, and 68 deaths, as per the data provided by the Ministry of Health and Family Welfare.