Obama not properly informed, says Government on reforms remark; Opposition slams him

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, Feb 14: Senior Congress leader P Chidambaram on Thursday said there must be a "huge mass movement" if any Muslim was sent to detention camps in case the Supreme Court upheld the validity of the Citizenship Amendment Act (CAA).

Speaking at the JNU campus, the former Union minister said the CAA was an outcome of the "NRC fiasco" in Assam that left 19 lakh people out of the document.

The CAA was brought to accommodate the 12 lakh Hindus among the 19 lakh people who could not be included in the National Register of Citizens (NRC) in Assam, he claimed.

Replying to a question by a student on the best course of action if the CAA was upheld by the apex court, Chidambaram said, "When they touch the excluded...they will only be Muslims, to identify and throw them out, declare them stateless, there must be a huge mass movement, resisting any Muslim being thrown out or kept in detention camps."

He also said the Congress believed that the CAA must be repealed and there should be a political struggle so that the National Population Register (NPR) was pushed beyond 2024.

Claiming that the NRC, CAA and NPR were "closely connected" to each other, Chidambaram said, "The CAA was brought due to the NRC fiasco in Assam and the opposition to the CAA gave way to the NPR."

He asserted that the Congress was protesting against the CAA and the NRC across the country, but had consciously avoided going to Shaheen Bagh, as in that case, the ruling Bharatiya Janata Party (BJP) would brand the demonstration against the amended citizenship law as a "political" one.

"See, we are not going to Shaheen Bagh because that would be falling into the BJP's trap. If we go there, they (BJP) will say it is political," the senior Congress leader said.

Slamming the CAA and the NRC as instruments undermining the very basis of the formation of India, he said the country, instead, needed a "broad law" on refugees.

Speaking at an event against the NRC, CAA and NPR hosted by the Congress's student wing, NSUI, at the Jawaharlal Nehru University (JNU), Chidambaram accused the BJP of spreading lies against Opposition parties.

"The BJP says the Congress, the Left and other liberal parties are against citizenship to persecuted Hindus, Sikhs from Pakistan, Bangladesh. But we are not against those included, our opposition is against exclusion," he said.

Questioning the rationale behind the CAA, the former finance minister said it excluded people on the basis of religion.

"Why only three countries, what about other neighbouring countries — Nepal, Bhutan, China? What about others treated much worse? The Ahmadiyas and Shias of Pakistan, the Rohingyas of Myanmar, Tamil Hindus are equally persecuted, why are they left out?" he questioned.

Chidambaram also said the CAA did not cover persecution based on language, political ideology and economic deprivation.

Slamming the NRC, he wondered which country would accept those left out of the document.

"Which country is going to accept them? How will they go? Where will you send them? (Home Minister) Amit Shah saying that they are termites and he will throw them out by 2024 is talking through his hat," the senior Congress leader said.

The Ministry of Health and Family Welfare has prepared a draft for guidelines for home quarantine, as well as for the use of masks by public, in view of coronavirus.

What to do in Home Quarantine?

The government says, for those taking refuge to home quarantine should stay in a well-ventilated single-room preferably with an attached or separate toilet. It adds that if another family member needs to stay in the same room, it's advisable to maintain a distance of at least 1 metre between the two.

The government advised, coronavirus patients to stay away from elderly people, pregnant women, children and persons with co-morbidities within the household as their immune system may be low. The health minister also suggested to restrict the patient's movement within the house. "Under no circumstances attend any social/religious gathering e.g. wedding, condolences, etc, said the guideline.

It also instructed the corona virus infected person to avoid sharing household items like dishes, drinking glasses, cups, eating utensils, towels, bedding, or other items with others at home. The guideline also demanded that even though home quarantine, the patient should wear a surgical mask at all times. "The mask should be changed every 6-8 hours and disposed off. Disposable masks are never to be reused, it added.

"Masks used by patients/ caregivers/ close contacts during home care should be disinfected using ordinary bleach solution (5 per cent) or sodium hypochlorite solution (1%) and then disposed of either by burning or deep burial," instructs the government.

Even for family members of a patient, the health ministry clearly instructs to use disposable gloves when cleaning the surfaces or handling soiled linen. No visitors, under any circumstances will be allowed, said the guideline.

"In case the person being quarantined becomes symptomatic, all his close contacts will be home quarantined (for 14 days) and followed up for an additional 14 days or till the report of such case turns out negative on lab testing," states the draft.

How to wear & dump masks?

There is a specific and elaborate do's and don'ts also released by the ministry. For those unsure in which mask to choose, it says, "Medical masks of different sizes and shapes are available in the market. The common ones are flat pleated masks of woven fabric which covers the nose and mouth and affixed behind the head with straps/ elastic fasteners. There are also conical or duck bill shaped masks with valves (or without valves) that fit in the contour of face over the nose and mouth, but are costlier."

However, the ministry warns, medical masks should not be used by healthy persons who are not having any symptoms "because it creates a false sense of security". Instead, it suggests to refrain from touching face, mouth, nose and eyes as well as washing hands regularly with soap for 20 seconds each time.

However, when a person develops a cough or fever, the suspected patient needs to switch to medical masks. "Use of medical three layer masks when ill, will prevent your infection from spreading to others. However you also need to wash your hands frequently to avoid spreading infection to others," read the guideline.

Even if one is not tested positive but showing symptoms, they are advised to wear masks while visiting a healthcare facility. "Close family contacts of such suspect/confirmed cases undergoing home care should also use Triple layer medical mask," it warns.

The ministry has also given point by point guideline on how to use a mask like to make sure that they are facing down while unfolding or for that matter to ensure there are no gaps on either side of the mask.

It even warns, "Fit flexible nose piece (a metallic strip that can easily be located) over nose-bridge" to ensure no one else are infected. The government also warns against simple dumping of the masks once used. Instead one should disinfect "using ordinary bleach solution (5 per cent) or sodium hypochlorite solution (1 per cent) and then disposed of either by burning or deep burial," says the Health Ministry.

COVID-19 emerged in early December 2019 in China's Wuhan province and has now spread to over 100 countries. As on March 9, 2020, India has reported 42 cases mostly among those who had travelled from affected countries.

However the government says, "It causes a minor illness in majority of patients with symptoms of fever and or cough. A small proportion of such persons may progress to severe disease with difficulty in breathing."