Nirbhaya case: SC throws out curative pleas of 2 death row convicts

News Network
January 14, 2020

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.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 29,2020

New Delhi, Mar 29 : Notwithstanding the 21-day coronavirus lockdown, the Reserve Bank of India (RBI) has decided to go ahead with the merger plan of ten state-run banks into four larger bank from April 1. The apex bank has issued four separate releases announcing that the branches of merging banks will operate as of the banks in which these have been amalgamated from next month.

RBI's statement comes after Finance Minister Nirmala Sitharaman's clarification on Thursday that the mega bank consolidation plan was very much on track and would take effect from April 1.

The government on March 4 had notified the amalgamation schemes for 10 state owned banks into four as part of its consolidation plan to create bigger size stronger banks in the public sector.

Bank officers' unions, however, earlier this week wrote to the prime minister seeking to defer the merger schemes of lenders due to the lockdown triggered by coronavirus outbreak.

As per the scheme, Oriental Bank of Commerce and United Bank of India will be merged into Punjab National Bank; Syndicate Bank into Canara Bank; Allahabad Bank into Indian Bank; and Andhra and Corporation banks into Union Bank of India.

Under this, the branches of Oriental Bank of Commerce and United Bank of India will operate as branches of Punjab National Bank from April 1, 2020, and branches of Syndicate Bank as that of Canara Bank, the RBI said in a separate releases.

Allahabad Bank branches will operate as those of Indian Bank while the branches of Andhra Bank and Corporation Bank will function as the branches of Union Bank of India from the beginning of next fiscal year 2020-21, the RBI said.

"The Amalgamation of Oriental Bank of Commerce and United Bank of India into Punjab National Bank Scheme, 2020 dated March 4, 2020, issued by the Government of India... The scheme comes into force on the 1st day of April 2020," RBI said.

Customers, including depositors of merging banks will be treated as customers of the banks in which these banks have been merged with effect from April 1, 2020, the RBI noted.

Banking services across the country are impacted due to the effect of COVID-19 as a near shut down is being observed across the country.

In a letter written to the Prime Minister on March 25, the All India Bank Officers'' Confederation (AIBOC) said, "The finance minister yesterday announced a slew of measures in view of the deleterious effect of the contagion. We are also expecting an extension of closing related activities and the revision of the closing date itself from March 31 to June 30, which is the need of the hour."

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 18,2020

New Delhi, Apr 18: With 957 new cases of COVID-19 in the last 24 hours and 36 deaths, India's total count of coronavirus cases has surged to 14,792, said the Union Ministry of Health and Family Welfare on Saturday.

The total cases are inclusive of 2,014 cured and discharged patients, one migrated and 488 deaths. At present, there are 12,289 active COVID-19 cases in the country.

Lav Aggarwal, Joint Secretary, Ministry of Health and Family Welfare said that mortality rate due to COVID-19 in our country is around 3.3 per cent.

"An age-wise analysis will tell you that 14.4 per cent of deaths have been reported in the age group of 0-45 years. Between 45-60 years it is 10.3 percent, between 60-75 years it is 33.1 percent and for 75 years, and above it is 42.2 percent," Aggarwal said at a press conference here.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
January 11,2020

London, Jan 11: Former cricketer Sachin Tendulkar's famous lap around the Wankhede Stadium after the World Cup 2011 win has been nominated in Laureas's list for the most inspiring sporting event in the last twenty years.

The moment featuring Tendulkar has been described as "Carried on the shoulders by a nation".

On his sixth attempt at the World Cup and with India not having won the competition since 1983, Tendulkar finally became a part of the team that lifted the coveted trophy. Carried on the shoulders of the Indian team, he made a lap of honour, shedding tears of joy after the victory was sealed in his home city.

The 2011 World Cup was also the first time, in which a host nation ended up winning the trophy.

Apart from Tendulkar, England's Andrew Flintoff is the only other cricketer to feature in the list. In 2005, England managed to defeat Australia in an Ashes Test, but Flintoff chose to first shake hands with Brett Lee rather than celebrate with his side.

Matthias Steiner (weightlifting), Natalie du Toit (swimming), Sky Brown (skateboarding), Alistair and Jonathan Brownlee (triathlon), Xia Boyu (mountaineering) have been nominated in the list.

Female tennis stars also feature in the list for coming up with an equal play, equal pay campaign. After pressure from Venus Williams and others, Wimbledon announced that female tennis players would receive prize money equal to the men's.

German international footballer Miroslav Klose was playing for Lazio in Italy's Serie A in 2012 against Napoli when he rose for a ball in the early moments of the game.

The ball came spiraling off his hand and skirted into the back of the net and a goal was awarded. While most players would carry on as if nothing had happened, Klose was honest with the referee and admitted that he handled the ball.

As a result, he also finds a place on the list.

The Laureus Sporting Moment Award celebrates the moments where the sport has unified people in the most extraordinary way.

This campaign has shortlisted 20 sporting stories from the last 20 years that have left their mark on the world.

The winner will be decided on the basis of public voting. It has already started, and the final date to cast the vote is February 16.

Finally, the result will be declared on February 17.
With three knock-out rounds, the top-20 moments will be whittled down to ten then five, with the top-five moments going head-to-head.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.