Rape convict godman has been receiving favours from BJP govt

Jaipur, July 13: Amid deepening political crisis in Rajasthan, a crucial meeting of the Congress Legislature Party (CLP) will be held at the chief minister's residence here on Monday.  

The Congress has issued a whip to all party legislators mandating their presence during the meeting which will be convened at 10.30 am by Chief Minister Ashok Gehlot.

Deputy Chief Minister Sachin Pilot has made it clear that he is not going to attend the meeting.

In a statement issued on Sunday night, Pilot had claimed that the Ashok Gehlot government was in minority and more than 30 Congress and some independent legislators have pledged support to him.  

By doing so, he has openly displayed rebellion against the leadership of Gehlot.

However, All India Congress Committee (AICC) general secretary Avinash Pande has said that 109 MLAs have expressed confidence in the Ashok Gehlot-led Congress government in the state and have signed a letter in support.

Pande said a whip had been issued asking all the MLAs to attend the CLP meeting and that action will be taken against those who skip it.

In the 200-member Rajasthan Assembly, the Congress has 107 MLAs and the BJP 72.

The Congress has the support of 10 out of 13 independents, and other party MLAs like Rashtriya Lok Dal (1), which is its ally. The Congress also considers Bhartiya Tribal Party (2) and CPI(M) (2) MLAs as their supporters.

BJP ally Rashtriya Loktantrik Party (RLP) has three MLAs in the assembly.

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.