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, Jul 6: Criminal cases will be registered against private hospitals that refuse treatment to COVID-19 patients, Medical Education Minister Dr K Sudhakar said on Sunday.

Addressing a press conference here at Vidhana Soudha, he said: "No hospital should refuse to admit patients and if any hospital is found denying treatment criminal cases will be registered against them."

He spoke to media persons after returning from his surprise visit to Jayanagar General Hospital and Rajiv Gandhi Chest Hospital responded to the questions regarding private hospitals refusing to treat covid patients.

"The government has come up with 6 different systems for treatment of COVID-19 patients. COVID care centres, government medical colleges, private medical college, government hospitals, corporate hospitals and home isolation with proper facilities and according to government guidelines," the minister added.

Dr Sudhakar gave the statistics of 4 metropolitan cities in the country including Delhi, Mumbai, Chennai and Bengaluru.

"Bengaluru's and the mortality rate is the lowest at 1.46%. The aim is to increase testing by optimal utilisation of capacity especially in private labs. Once we increase testing, it is natural that the positive cases will also increase," he said.

"So citizens need not panic due to this but should take all precautionary measures. He advised to get tested in the nearest fever clinics as soon as any symptoms like cough, fever etc are found. Guidelines regarding the home isolation will be released soon," the minister said.

He announced that 400 ambulances will be deployed in Bengaluru and 2 each for every ward.

He said that the government recommended patients at private hospitals will be provided with insurance under Suvarna Arogya Suraksha Trust.

"If private hospitals refuse to admit the patients, call 1912 helpline to get assistance. If admitted in Private hospital voluntarily the treatment cost will be borne by patients as per the rates fixed by the government," Sudhakar said.

He said that the cost of testing at private labs has been capped at Rs 2,200 as per test.

Mangaluru, June 21: As many as 7 fresh cases of covid-19 were detected in coastal district of Dakshina Kannada today whereas neighbouring Udupi did not report any new case. 

The total confirmed covid cases in Dakshina Kannada today mounted to 425. Among them, 227 people have been already recovered and discharged. Today alone 26 were discharged. Currently there are 190 active cases in the district.

In Udupi there are only 102 cases are currently active among 1,063 detected covid-19 cases. So far 959 people have been discharged from hospital after fully recovering from the diseased. Today six patients were discharged.

Dakshina Kannada has so far witnessed death of 8 covid-19 patients. Among them 2 persons lost their lives due to non-covid reasons. Udupi has witnessed 2 covid related deaths so far.