NJAC: Somnath wants govt to set things right without feuding with Judiciary

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.

Panaji, Feb 10: Archbishop of Goa and Daman, Rev Filipe Neri Ferrao, has urged the central government to "immediately and unconditionally revoke the Citizenship Amendment Act" and stop quashing the "right to dissent".

He also appealed to the government not to implement the proposed countrywide National Register of Citizens (NRC) and the National Population Register (NPR).

Diocesan Centre for Social Communications Media, a wing of the Goa Church, in a statement on Saturday said, "The Archbishop and the Catholic community of Goa would like to appeal to the government to listen to the voice of millions in India, to stop quashing the right to dissent and, above all, to immediately and unconditionally revoke the CAA and desist from implementing the NRC and the NPR."

The CAA, NRC and NPR are "divisive and discriminatory" and will certainly have a "negative and damaging effect" on a multi-cultural democracy like ours, the church said.

There is serious concern that NRC and NPR will result in "direct victimisation of the underprivileged classes, particularly Dalits, adivasis, migrant labourers, nomadic communities and the countless undocumented people who, after having been recognised as worthy citizens and voters for more than 70 years, will suddenly run the risk of becoming stateless and candidates for detention camps," it said.

There has been widespread discontent and open protests throughout the country and even abroad against the CAA, NRC and NPR, which are "forecasting a systematic erosion of values, principles and rights" that have been guaranteed to all citizens in the Constitution, the release said.

Eminent citizens, including top intellectuals and legal luminaries, have taken a studied and unequivocal stand against the CAA, NRC and NPR, it noted.

Goa also witnessed several protests, which transcended the confines of religious and caste affiliation and brought people from all walks of life together on one united platform, said the statement.

It said Christians in India have always been a peace loving community and deeply committed to the ideals of justice, liberty, equality and fraternity, enshrined in the
Constitution.

"We have always taken great pride that our beloved country is a secular, sovereign, socialist, pluralistic anddemocratic republic," the church said.

The very fact that CAA uses religion goes against the secular fabric of the country, it said.

"It goes against the spirit and heritage of our land which, since times immemorial, has been a welcoming home to all, founded on the belief that the whole world is one big family," the church said.

"We pray for our beloved country, that good sense, justice and peace prevail in the hearts and minds of all," it added.

New Delhi, Feb 23: Dreaded underworld don Ravi Pujari, operating from overseas, has been reportedly arrested in South Africa and efforts are on for his deportation to India.

Pujari, who parted ways with underworld don Chhota Rajan, had jumped bail from Senegal, last year and had escaped to South Africa, where he was involved in big-time drug trafficking and extortion racket.

Sources in Indian Intelligence said that Ravi Pujari, who was hiding with a false identity of Anthony Fernandes, a Burkina Faso passport holder, was located in a remote village in South Africa.

On a tip-off from Indian external intelligence agency, the Senegal police air dashed South Africa last week. Pujari, 52, wanted in over 200 cases of heinous crimes, including murder and extortion, was detained with the help of South African agencies.

Sources in Mumbai Police said that Pujari's arrest has not yet been confirmed officially but Ministry of External Affairs is in touch with its mission in South Africa. An official in MEA refused to speak on the issue. Embassy of Senegal in Vasant Vihar, New Delhi, also did not respond to IANS' queries in connection with Pujari's arrest.

The mafioso first came into news in early 2000 when he started extorting huge amounts from famous Bollywood personalties and builders. He was involved in an attempt to murder case, aimed at killing a prominent lawyer of Mumbai.tip-off

Pujari's wife Padma and three children also fled India and some of them hold Burkina Faso passport. His son who was recently married in Australia reportedly holds an Australian passport.

Earlier last year Ravi Pujari, living under the identity of Anthony had jumped bailed from a Senegal court through fraudulent means. IANS had accessed the don's new passport. Pujari now goes under the name of Anthony Fernandes and is a citizen of Burkina Faso, a West African country, his date of birth is shown as 25.1.1961.

Pujari, a movie junkie influenced by Amitabh Bachchan's portrayal as Anthony Gonsalves in 'Amar Akbar Anthony' was using the name, Anthony Fernandes. This passport was issued on 10.7.2013 and is valid till 8.7.2023. The passport showed his profession as Agent Commercial which means that he is designated as a businessman running a chain of restaurants Namaste India in Senegal, Burkina Faso and neighbouring countries.

Pujari's lawyers in Senegal had argued in the court citing that he is Anthony Fernandes, a businessman from Burkina Faso as mentioned in his passport and not a fugitive as claimed by the Indian Government.

Clearly indicating a collision between top government functionaries of Burkina Faso and Pujari in which an influential Indian businessman, who is his partner in a restaurant chain, may have played the role of a conduit.