Saudi Arabia eyes tourism growth; to begin issuing tourist visas soon

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.

Expatriate workers who fail to abide by the coronavirus protocols in Kingdom of Saudi Arabia may face deportation, according to media reports.

“Individuals who fail to abide by preventive measures, including wearing medical or cloth face masks, failing to observe social distancing and refusing to have their temperatures taken, will be fined SR1,000. The fine will be doubled if the violation is repeated. Residents will be deported after paying the fines,” Okaz newspaper said.

Authorities called on people to report offenders by dialling the toll free number 999, except for the holy city of Makka, where the toll free number is 911.

As per the newly-revised Saudi protocols, social gatherings such as mourning or celebration events that take place inside homes, rest houses or farms, are allowed, but attendants should not exceed 50 persons.

The private sector is also required to adhere to precautionary measures: providing their staff with disinfectants and sanitisers, taking the temperatures of both staff and customers at the entrances of shopping malls.

Other measures include sterilising shopping trolleys and baskets after each use, sanitising facilities and surfaces, closing children’s play areas and fitting rooms in shopping malls and ready-wear outlets.

Authorities highlighted the need for all individuals and entities to abide by health safety rules, social-distancing protocol and the new guidelines set for social gatherings.

Jeddah, May 18: Saudi Arabia’s Grand Mufti and head of the Council of Senior Scholars and the Department of Scientific Research and Ifta Sheikh Abdul Aziz Al Asheikh ruled that it is permissible to perform Eid Al-Fitr prayer at home under exceptional circumstances similar to the current pandemic situation. The prayer consists of two rakats with reciting more numbers of takbeer and without a sermon.

Speaking to Okaz/Saudi Gazette, he said that Zakat Al-Fitr could be distributed through charitable societies if they are reliable ones, with the condition that it should be distributed before the day of Eid. The Grand Mufti urged parents to bring joy and happiness to their children and their families by spending more on them.

Meanwhile, Sheikh Abdul Salam Abdullah Al-Sulaiman, member of the Council of Senior Scholars and the Standing Committee of Fatwa, said that Eid prayer could be performed individually or in congregation.

Speaking to Okaz/Saudi Gazette, he said that the worshiper will recite takbeer to start salat and then follow it with six more takbeer in the first rakat before reciting Fatiha loudly and then it is ideal to recite Surah Al-Qaf.

In the second rakat, there will be five takbeer after the takbeer at the start of the rakat before starting to recite Surah Fatiha and then Surah Al-Qamar, following the example of the Prophet (peace be upon him). It is also ideal to recite Surah Al-A’la and Al-Ghashiya instead of Al-Qaf and Al-Qamar in each rakat respectively.

Sheikh Al-Sulaiman also cited the example of Anas Bin Malik, a prominent companion of the Prophet (pbuh). When Anas (May Allah be pleased with him), was at his home in Zawiya, a place near Basra, he did not find any Eid congregation prayer and therefore he performed prayer along with his family members and his aide Abdullah Bin Abi Otba.

The scholar said that the time for Eid prayer begins after sunrise and the best time is after the sun rises by the height of one or two spears as agreed by most scholars. This means 15 or 30 minutes after sunrise and its time continues until the end of the time of the Duha prayer; that is before the Zuhr prayer begins.

The prayer is forbidden at the moment when the sun rises, and the majority of jurists, including the schools of thought of Shafi, Maliki, and Hanbali opposed prayer at sunrise and favored to perform the prayer only after the sun rises by the height of one or two spears in the sky.

Regarding the recitation of takbeer on the occasion of Eid Al-Fitr, Sheikh Al-Suleiman said that it should begin during the night of the Eid and continue until the beginning of the Eid prayer.