No snooping on Rahul, it is 'transparent profiling': Jaitley

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 3: In the third such incident inside of a week, two unidentified persons opened fire outside Gate No. 5 of Jamia Millia Islamia on Sunday night, the Jamia Coordination Committee (JCC) said.

A statement issued by the committee, a group comprising students and alumni of the university formed to protest against the Citizenship Amendment Act, said the attackers were on a red Rcooty.

No one was injured in the attack. One of the miscreants was wearing a red jacket, the statement said.

"Firing has taken place at Gate No.5 of Jamia Millia Islamia right now by two unidentified persons. As per report, one of them was wearing a red jacket and driving a red Scooty having vehicle no. 1532 or 1534," the statement said.

Police said they were verifying the JCC's claims.

Asim Mohammed Khan, former Congress MLA from Okhla, said the incident occurred around 11.30 pm. "We heard the gunshot. That is when we stepped out to see and the two men left on a Scooty," a student said.

"We have taken down the vehicle number and called police," he added.

This is the third firing incident in the Jamia Nagar area in a week.

On Thursday, a minor fired at anti-CAA protesters marching towards Rajghat, injuring a student.

Two days later, a 25-year-old fired two rounds in air in Shaheen Bagh in Jamia Nagar. No one was hurt in the incident.

The incident on Sunday night triggered panic in the area. A police vehicle had reached the spot after the incident but was chased away by angry students.

Hundreds of students and locals gathered outside the university.

Many raised slogans against the Delhi Police. They also staged a dharna outside the Jamia Nagar police station.

Shezad Ahmed, a JMI student and resident of Zakir Nagar, said they were not even allowed to protest peacefully.

"We are not going to be deterred by such incidents. We will continue with our protest," he added.

Jan 27: Bollywood Film Director Anurag Kashyap, who has been vocal about his political views on social media, slammed Union Minister Amit Shah and accused him of being 'cheap'.

"How timid our Home Minister is. Its own police, its own goons, its own army and security increases and invades unarmed protestors. Amit Shah has crossed the extent of cheapness and inferiority. History will spit on this animal," Kashyap tweeted.

The film director has taken an active part in the anti-Citizenship Act protest rallies and was against the Jawaharlal Nehru violence. He also came in support of his contemporary Deepika Padukone when the latter faced backlash for showing up at JNU in support of the students.