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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.

Dubai/Abu Dhabi, May 7: A group passengers who are scheduled to fly to Kozhikode on the first COVID-19 Indian repatriation flight have begun streaming in to Terminal 2 at Dubai International Airport.

Wearing masks and gloves, the passengers are now waiting for the medical screening and check-in services to begin.

Airport officials gave entry to the departure terminal only to passengers with tickets.

Naif resident Mahamood P.P, 60, was among the first to reach as he was not informed about the change in the flight schedule, he told Gulf News.

“I reached here at 9.30am as I didn’t get any information about the 2.10pm flight getting rescheduled to the evening,” he said.

Suffering from a heart disease, Mahmood, who works as a juice maker at a juice shop near Naif Police station, said he stepped out of his room for the first time in two months.

“As there were many cases in Naif, I never went out because of my health condition. Since I was not in contact with anyone else other than my roommates who also never went out, I didn’t go for the COVID screening also. I was worried that I might be exposed to infection while waiting for the tests,” he said.

He thanked the Indian Consulate for giving him priority to fly home. “I need to go for my heart checkup. So I wanted to fly home as soon as possible.”

However, he said his son, a civil engineer who came here searching for a job, is not flying back though he is on a visit visa.

“Since the UAE government has allowed people on visit visa to stay here till December, he has decided to try his luck in getting a job,” said Mahamood.

Sneha Thomas, who is eight months pregnant, was also among the first to arrive at the airport.

Her husband Somi Jose came to drop her.

Thomas is among 11 pregnant women flying on the Dubai-Kozhikode flight.

Sharjah resident for 30 years, Mohammed Ali Yaseen, who is also the secretary of the Kerala Muslim Cultural Centre in Sharjah, said he is flying home as the restaurant he was running had to be closed due to a demolition plan of the building.

“Three months ago I got the notice to vacate the building and I had to close the restaurant. I was looking for another shop. But then the coronavirus hit. Now there is no point in me opening me a new shop as those who are already operational are not getting any business.”

He said he decided to drop the plan and go home for now. “My visa and license are still valid. I will try to come back when this pandemic ends and things are better.”

Meanwhile, at the Au Dhabi International Airport, families with kids were given priority to proceed towrards check-in. at terminal 3. The passengers coming in right now were mostly women who were on a visit visa. Pregnant women and the elderly too were given priority.

New Delhi, May 28: With 6,566 more coronavirus cases and 194 deaths reported in the past 24 hours, India's COVID-19 tally reached 1,58,333 on Thursday, according to the Union Ministry of Health and Family Affairs.

The number of active coronavirus cases stands at 86,110, while 67,692 people have recovered and one patient has migrated, it said. The death toll due to the infection has reached 4,531 in the country.

Maharashtra is the worst affected state with 56,948 cases. Tamil Nadu has recorded as many as 18,545 cases while Gujarat and Delhi have recorded 15,195 and 15,257 coronavirus cases respectively.