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.

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News Network
June 10,2020

Patna, Jun 10: A man in Bihar has willed half his property to two elephants after one of them foiled an attempt on his life by a pistol-totting criminal.

Akhtar Imam, chief manager of the Asian Elephant Rehabilitation and Wildlife Animal Trust (AERAWAT), said he has been looking after elephants since the age of 12.

"Once, there was an attempt of murder made against me. At that time the elephants saved me. When some miscreants armed with pistols tried to enter my room my elephant started trumpeting. It woke me up and I was able to shout and raise an alarm due to which the miscreants ran away," Imam said.

Imam says the two elephants, named Moti and Rani are like family for him and he cannot live without them.

However, the man claims that he fears threats to his life from his family members after he transferred his land to his two elephants. Imam's wife and sons have been living away from him for the last 10 years due to some dispute in the family.

He recounted that his son had allegedly filed a wrong case against him and also got him locked up. He eventually was let away after the charges levelled against him were proven wrong.

Imam said that his son Meraj had tried to sell the elephant to smugglers but was fortunately caught.

Imam says he has willed half of his property to his wife and his share of property worth Rs 5 crore to elephants said that if the jumbos die then the money would go to AERAWAT organisation.

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News Network
March 10,2020

Thiruvananthapuram, Mar 10: Senior Congress leader Shashi Tharoor on monday thanked PM Narendra Modi  for extending birthday wishes to him in malayalam.

"Thank you, Prime Minister Narendra Modi, for this elaborate birthday greeting in shudh sahitya Malayalam! Am touched by your thoughtfulness," Tharoor tweeted with a picture of the letter from Modi.

In another tweet, the Congress MP also posted its translation, that reads,

Tharoor, who is an MP from Thiruvananthapuram, turned 64 on march 9.

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SmR
 - 
Tuesday, 10 Mar 2020

Is he next Scindia waiting to board the BJP ship?

 

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News Network
January 28,2020

Kolkata, Jan 28: West Bengal chief minister Mamata Banerjee Tuesday said she is ready for talks with Prime Minister Narendra Modi on the issue of Citizenship Amendment Act but the Centre has to first withdraw the contentious law.

Banerjee said protesting against the decisions of the centre doesn't make opposition parties anti-national and iterated that she will not implement CAA, NRC or NPR in the state.

"It is good that the prime minister is ready for talks but the Citizenship Amendment Act (CAA) must be revoked first. They (Centre) did not call an all-party meeting before taking a decision on Kashmir and CAA.

"We are ready for talks but first withdraw this Citizenship Amendment Act," Banerjee, a staunch critic of the BJP, said addressing a protest programme against CAA through paintings.

The West Bengal assembly had on Monday passed a resolution against the CAA to become the fourth state after Kerala, Punjab and Rajasthan, to do so. The state assembly had on September 6, 2019, passed a resolution against the NRC.

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