SC suspends triple talaq for 6 months, asks Parliament to make a law

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.

Bengaluru: Karnataka chief minister BS Yediyurappa on Tuesday shuffled the portfolios of six newly inducted ministers after they expressed unhappiness about the departments allocated to them barely 24 hours ago.

Three ministers — BC Patil, Anand Singh and K Gopalaiah — received new responsibilities and as many — Shivaram Hebbar, Srimanth Patil and Byrathi Basavaraj — have been saddled with more.

Sources said the six ministers met the CM late Monday night and said they were not happy with the portfolios handed to them. They reportedly threatened not to assume office until their demands were met, forcing the CM to effect the changes early Tuesday.

BC Patil is now vested with agriculture (he had been given forest), Anand Singh forest, environment and ecology (earlier food and civil supplies) and Gopalaiah food and civil supplies (instead of small-scale industries). BC Patil said, “I’m happy I can now be with farmers.” Shivaram Hebbar has been given the additional responsibility of sugar along with labour allocated to him on Monday.

Allocation of the forest portfolio to Anand Singh has raised eyebrows as the Vijayanagara MLA had been arrested in 2013 and 2015 in cases of illegal mining and illegal transportation of mining ore. Singh owned SB Mineral in Ballari and the Lokayukta had charged him with transporting 17,086 tonnes of iron ore without permission or valid licence. He was acquitted in a Belikeri iron ore export case due to lack of evidence.

Byrathi Basvaraj, who has been given the urban development ministry, will also handle Karnataka Urban Water Supply and Drainage Board and Karnataka Urban Infrastructure Development and Finance Corporation.

Srimanth Patil has received minority welfare department apart from textile.

The exercise of portfolio shuffling is likely to continue with minister K Sudhakar reportedly unhappy with medical education.

In another embarrassment to the CM, Mahesh Kumathalli on Tuesday refused to take over as chairman of the Mysore Sales International Ltd, saying he wants to be a minister. BJP MLA Basanagouda Patil Yatnal urged Yediyurappa to induct Kumathalli into the cabinet in line with the promise made to him when he joined the BJP before bypolls. “The CM must keep his word,” he said.

Jan 7: A Delhi Court today issued death warrant against four convicts in the 2012 Nirbhaya gang-rape and murder case. The hanging will take place on January 22 at 7 am.

During the hearing, the prosecution said there was no application pending before any court or the President right now by any of the convicts and the review petition of all the convicts was dismissed by the Supreme Court.

On Monday, the court had reserved order on issuing of death warrants against four death row convicts.

Today's order comes days after mother of the victim in the 2012 Delhi gang-rape and murder case moved the Supreme Court on opposing the plea filed by one of the four death-row convicts seeking review of its 2017 judgement awarding him death penalty.

The apex court had on July 9 last year dismissed the review pleas filed by the other three convicts — Mukesh (30), Pawan Gupta (23) and Vinay Sharma (24) — in the case, saying no grounds have been made out by them for review of the 2017 verdict.

The 23-year-old girl was gangraped and murdered by six men on a moving bus on 16 December 2012. The main accused, Ram Singh, allegedly committed suicide in Tihar Jail during the trial. Another accused was a minor at the time of the commission of the crime and was sent to a reform facility and released after three years.