Rapes can't be prevented, don't create 'hue and cry', says Union Minister

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 11: Celebrations broke out at the AAP headquarters here as early vote-counting trends for the Delhi Assembly polls on Tuesday showed a comfortable victory for the Chief Minister Arvind Kejriwal-led party.

The headquarters were decorated with blue and white balloons and big cut-outs of Kejriwal were placed in different parts of the party office.

"We knew it. We have changed the politics of this country. Now it is Delhi, next is India," said Sanjeev Singh, a party volunteer from Hari Nagar.

Another volunteer Fareen Khan said, "We hope we get such a clear majority that a message goes out that doing Hindu-Muslim politics will not work anymore."

The Aam Aadmi Party (AAP) is leading in 26 seats while the BJP is leading in 14 seats, according to early trends by the Election Commission.

According to the EC's website, AAP convenor Kejriwal is leading in his New Delhi constituency.

Kejriwal reached the party office as the counting of votes got underway.

Counting centres are spread across 21 locations, spanning 70 constituencies.

Polling for the 70-member Delhi Assembly was held on Saturday.

Attari, Mar 19: At least 29 Indians, who had gone to Dubai to watch a cricket match which was called off later, on Wednesday night returned to India through the land transit route of Attari-Wagah border here.

Earlier, when they entered India after being cleared by the Pakistan Immigration Authority, they were detained at Attari border, as they were not having requisite permission on their passport to return to India through Pakistan.

According to officials, they had earlier flown to Dubai from New Delhi to watch a Pakistan League Cricket match there.

The match, however, was aborted and they decided to return India via Pakistan. They took a flight to Pakistan and after landing there, they took land route to reach Attari-Wagah border.

All were cleared by Indian immigration authority after being allowed by the Union Ministry of Home Affairs.

Amritsar Civil Surgeon Dr Prabdeep Kaur Johal said that by 9.30 PM all the Indian nationals were not handed over to the medical team for checkup.

She said if anyone of them are found with any symptoms of the virus, they would be admitted to Amritsar Government Hospital or else they would be allowed to continue their journey to Delhi or elsewhere.