Protests against Andhra Pradesh bifurcation enter 7th day

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, May 17: The HRD Ministry on Saturday postponed announcement of the exam schedule for pending class 10 and 12 board exams, saying the CBSE is still considering certain technical aspects before finalising the datesheet.

The ministry had earlier announced that it would notify the schedule at 5 pm on Saturday.

"CBSE is taking into consideration some additional technical aspects before finalizing the datesheets of the board exams of classes 10th and 12th, due to which, the datesheets will now be released by Monday i.e. 18-05-2020. Inconvenience caused is sincerely regretted (sic)," Union HRD Minister Ramesh Pokhriyal 'Nishank' tweeted.

The ministry had last week announced that the pending class 10 and 12 CBSE exams, which were postponed due to the COVID-19-induced lockdown, would be conducted from July 1 to 15.

However, the schedule as well as the modalities and guidelines have not been announced yet.

While class 12 exams will be conducted across the country, the class 10 exams are only pending in North East Delhi where they were affected due to the law and order situation.

Universities and schools across the country have been closed and exams postponed since March 16 when the Centre announced a countrywide classroom shutdown as one of the measures to contain the COVID-19 outbreak.

Later, a nationwide lockdown was announced on March 24, which has now been extended till May 17.

The board was not able to conduct class 10 and 12 exams on eight examination days due to the coronavirus outbreak.

Further, due to the law and order situation in North East Delhi, the board was not able to conduct exams on four examination days, while a very small number of students from and around this district were not able to appear in exams on six days.

The board had last month announced that it will only conduct pending exams in 29 subjects which are crucial for promotion and admission to higher educational institutions.

The modalities of assessment for the subjects for which exams are not being conducted will be announced soon by the board.

The schedule has been decided in order to ensure that the board exams are completed before competitive examinations such as engineering entrance JEE-Mains, which is scheduled from July 18-23, and medical entrance exam NEET, which is scheduled on July 26.

The University Grants Commission (UGC) has issued guidelines to universities that the new academic session for freshers will begin from September while for the existing students from August.

Ayodhya, Jul 23: All 32 accused in the Babri mosque demolition case should be invited to the "bhumi pujan" ceremony for the construction of the Ram temple here and honoured, a Hindutva outfit leader has said.

Hindu Dharma Sena president Santosh Dubey is one of the main accused in the case.

Dubey also insisted that the Shri Ram Janmabhoomi Teertha Kshetra Trust must also invite all the four Shankaracharyas to the ceremony planned on August 5.

Prime Minister Narendra Modi is also likely to attend the event.

"The office bearers of Ram Janmabhoomi Teerth Kshetra must ensure that along with all 32 accused in the Babri mosque demolition case, the families of the kar sevaks who gave their lives in the Ram Temple movement must also be invited to the 'bhumi pujan' ceremony and must be honoured there," Dubey told PTI.

The top court verdict in favour of the Ram temple at the site would not have been possible had the Babri mosque not been demolished, he said.

"If the Trust does not invite the kar sevaks, it will a display of ego and arrogance. Without inviting the kar sevaks who have been accused in Babri mosque demolition and the families of the slain kar sevaks, the 'bhumi pujan' will remain incomplete," Dubey added.

A special CBI court in Lucknow is recording the statements of the 32 Babri demolition accused under section 313 of the CrPC, which enables them to plead their innocence, if they so want.

The court is conducting day-to-day hearings to complete the trial by August 31 as directed by the Supreme Court.

The mosque in Ayodhya was demolished on December 6, 1992 by 'kar sevaks' who claimed that an ancient Ram temple had stood on the same site. Former deputy prime minister L K Advani and BJP leader Murli Manohar Joshi were leading the Ram temple movement at that time.