Paper leak: CBSE orders re-exam of Class X Maths, Class XII Economics

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, April 6: Prime Minister Narendra Modi on Monday said that people from every section of the society and age group demonstrated unity on Sunday by responding to the Prime Minister '9 pm-9minute' appeal and strengthened the resolve to the fight against COVID-19.

"We experienced yesterday at 9 pm, the strength of togetherness of 130 crores people of our country," said PM Modi.

He further praised the citizens of the country for their support to the lockdown imposed across India in the wake of coronavirus threat.

"The maturity shown by the people during the lockdown, in a large country like India, is unprecedented. No one could have imagined that the people will abide by this with such obedience and sense of service," said Prime Minister Modi.

"I state it with full responsibility that this is a long war against coronavirus pandemic. But we do not have to get tired or take a rest in this war. We have to emerge victoriously. Today, the country has only one goal and one resolve - to win this war," he added.

The Prime Minister continued saying, that the government has developed an Aarogya Setu app through which one can get information regarding the infected cases around them.

"I request all of you to tell people about it, everyone should make sure that at least 40 others install it. They will get info through it about possibly infected cases around them. In these tough times, we have to ensure this," he added.

The Prime Minister also advised everyone to take necessary preventive measures and stay protected by adopting the mantra of social distancing.

"Always remember, whenever you go out your face should be covered, I say you should keep your face covered even at your homes. The mantra today for the whole world is social distancing and discipline," he added.

Prime Minister Modi addressed the BJP workers and the nation on the occasion of the Bharatiya Janata Party's (BJP) 40th Foundation Day.