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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, Jan 6: Iran announced a further rollback of its commitments to the troubled international nuclear accord Sunday amid anger over the US killing of a top commander which also prompted Iraq's parliament to demand the departure of American troops.

While vast crowds gathered in Iran's second city of Mashhad as Qasem Soleimani's remains were returned home, the Tehran government said it would forego the "limit on the number of centrifuges" it had pledged to honour in the 2015 agreement which was already in deep trouble.

The announcement was yet another sign of the fallout from Friday's killing of Soleimani in Baghdad in a drone strike ordered by President Donald Trump, which has inflamed US-Iraqi relations and among the rival camps in Washington.

Iran's 2015 nuclear accord with the United Nations Security Council's five permanent members -- Britain, China, France, Russia and the United States -- plus Germany has been hanging by a thread since the US withdrew unilaterally from it two years ago.

European countries have been pushing for talks with Iran to salvage the deal, inviting Iranian Foreign Minister Mohammed Javad Zarif to Brussels for talks, but the prospect of progress seemed remote after the government's statement on Sunday night.

"Iran's nuclear programme no longer faces any limitation in the operational field", said the statement.

This extends to Iran's capacity for enriching uranium, the level of enrichment carried out, the amount enriched, and other research and development, it said.

"As of now Iran's nuclear programme will continue solely based on its technical needs," it added.

Europe urges Iran to rethink

Until now, Iran has said it needs to enrich uranium up to a level of five percent to produce fuel for electricity generation in nuclear power plants.

Tehran said it would continue cooperating "as before" with the International Atomic Energy Agency but the leaders of Germany, France and Britain reacted by urging Iran to rethink its announcement.

"We call on Iran to withdraw all measures that are not in line with the nuclear agreement," Chancellor Angela Merkel, President Emmanuel Macron and Prime Minister Boris Johnson said in a joint statement.

The European leaders also urged Iran to refrain from taking "further violent actions or support for them."

"It is crucial now to de-escalate. We call on all the players involved to show utmost restraint and responsibility."

The Europeans have been among the chorus of voices urging restraint in the aftermath of the drone strike which killed Soleimani, the veteran commander of the Revolutionary Guards' foreign operations.

But as his remains were paraded through the streets of Mashhad, cries of "Revenge, Revenge" echoed through the streets while mourners threw scarves onto the roof of the truck carrying his coffin.

Soleimani's remains had been returned before dawn to the southwestern city of Ahvaz, where the air resonated with Shiite chants and shouts of "Death to America".

Some 5,200 US soldiers are currently stationed across Iraqi bases to support local troops preventing a resurgence of the Islamic State jihadist group.

But the government could be poised to demand they leave after a vote in the Baghdad parliament where caretaker prime minister Adel Abdel Mahdi joined 168 lawmakers -- just enough for quorum -- to discuss a motion to force US troops.

"The parliament has voted to commit the Iraqi government to cancel its request to the international coalition for help to fight IS," speaker Mohammed Halbusi announced.

The cabinet would have to approve any decision but the premier indicated support for an ouster in his speech.

'Iraqi people want the US'

US Secretary of State Mike Pompeo reacted by saying he would "take a look at what we do when the Iraqi leadership and government makes a decision" but indicated that he felt American troops were still welcome.

"We are confident that the Iraqi people want the United States to continue to be there to fight the counterterror campaign," Pompeo said on Fox News.

Two rockets hit near the US embassy in Baghdad late Sunday, the second night in a row that the Green Zone was hit and the 14th time over the last two months that US installations have been targeted.

Pompeo defended the decision to kill Soleimani while insisting that any further US military action against Iran would conform to international law.

Trump triggered accusations that he had threatening a war crime by declaring cultural sites as potential targets in a Tweet on Saturday night.

Zarif drew parallels with the Islamic State group's destruction of the Middle East's cultural heritage following Trump's tweets that sites which were "important to... Iranian culture" were on a list of 52 potential US targets.

"We'll behave lawfully," Pompeo told the ABC network.

House Speaker Nancy Pelosi has been leading the backlash against the Soleimani strike, an operation that Trump only officially informed Congress about after the event.

But Trump made light of the calls for him to get Congressional approval in the future, saying such notice was "not required" -- and then saying his tweet would serve as prior notification if he did decide to strike against Iran again.

"These Media Posts will serve as notification to the United States Congress that should Iran strike any US person or target, the United States will quickly & fully strike back, & perhaps in a disproportionate manner," Trump wrote.

New Delhi, Mar 20: The four men convicted of the gang rape and murder of a Delhi woman on December 16, 2012 were hanged in the darkness of pre-dawn on Friday, ending a horrific chapter in India's long history of sexual assault that had seared the nation's soul. Mukesh Singh (32), Pawan Gupta (25), Vinay Sharma (26) and Akshay Kumar Singh (31) were executed at 5.30 am for the savage assault in an empty moving bus on the 23-year-old physiotherapy intern who came to be known the world over as Nirbhaya, the fearless one.

This is the first time that four men have been hanged together in Tihar Jail, South Asia's largest prison complex that houses more than 16,000 inmates. The executions were carried out after the men exhausted every possible legal avenue to escape the gallows. Their desperate attempts only postponed the inevitable by less than two months after the first date of execution was set for January 22.

They were hanged at 5.30 am, Director General of Prison Sandeep Goel said.

After raping and brutalising the woman, the men, one of whom was a juvenile at the time, dumped her on the road and left for dead on the cold winter night. Her friend who was with her was also severely beaten and thrown out along with her. She was so severely violated that her insides were spilling out when she was taken to hospital. She died in a Singapore hospital after battling for her life for a fortnight.

Six people, including the four convicts and the juvenile, were named as accused.

While Ram Singh allegedly committed suicide in the Tihar Jail days after the trial began in the case, the juvenile was released in 2015 after spending three years in a correctional home.

The road to the gallows was a long and circuitous one, going through the lower courts, the High Court, the Supreme Court and the president's office before going back to the Supreme Court that heard and rejected various curative petitions.

The death warrants were deferred by a court thrice on the grounds that the convicts had not exhausted all their legal remedies and that the mercy petition of one or the other was before the president.

On March 5, a trial court issued fresh death warrants for March 20 at 5.30 am as the final date for the execution.