SC verdict a salute to the sacrifices of Hindus: Togadia

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.

Jun 5: Underworld don Dawood Ibrahim and his wife Mahzabeen have tested positive for COVID-19, a top government source told CNN News 18. They were admitted to the Army Hospital in Karachi.

Some of Dawood's personal staff and guards have also been quarantined, the report said on Friday.

Dawood was the mastermind of the 1993 Mumbai blasts and is one of the most-wanted gangsters by India. He has allegedly been living in Pakistan but the neighbouring country has always refusing to accept it.

Earlier in the day, a senior diplomat of the American embassy in Pakistan has tested positive for the novel coronavirus, a media report said.

In a statement, the embassy's spokesman said that while maintaining the privacy, the name of the citizen would not be disclosed.

The US State Department is responsible to protect its citizens, wherever they are, the spokesman added. In coordination with the Pakistani authorities, the consulate is working to enforce the coronavirus protocol in order to stem its spread. The spokesman added that isolation wards, contact tracing and quarantine facility are part of such protocols.

Meanwhile, Pakistan has 89,249 COVID-19 cases and the death toll is 1,838.

Mumbai, Apr 22: Maharashtra Home Minister Anil Deshmukh on Wednesday said none of the 101 people arrested in connection with the Palghar lynching case is a Muslim, and accused the opposition of giving a communal colour to the incident.

Terming the incident as unfortunate and a blot on humanity, Deshmukh in a Facebook address said this is not the time to play politics, and urged all to engage in collective efforts to defeat the deadly coronavirus.

Without naming any leader or party, Deshmukh, who is an NCP leader, said some people were seeing Mungerilal ke haseen sapne (referring to a fictional character from a TV show who daydreams) of returning to power in the state.

He said in the run up to the incident, a rumour did rounds in Palghar that some people were lifting children during night.

The entire episode is being investigated by a special inspector general and the probe has been handed over to the Crime Investigation Department (CID), he said.

"The police arrested 101 people in connection with the incident within eight hours after it took place. They had run into neighbouring jungles, but were caught by police. There is no Muslim brother among these 101 people, Deshmukh said.

The minister said someone was heard as saying oye bas (please stop) in the video clip of the incident, but it was allegedly distorted as Shoaib.

An attempt was made to give a political colour to the incident. And this is very unfortunate...communal politics is being played, Deshmukh alleged.

He said such politics is being played at a time when the entire state is engaged in a battle against coronavirus.

"It is not the time to play politics, but to fight coronavirus collectively. It is unfortunate some people are seeing 'Mungerilal ke haseen sapne' at this juncture, the minister said.

The incident took place on the night of April 16 when three men - two seers and their driver - were going from Mumbai in a car towards Surat in Gujarat to attend a funeral.

Their vehicle was stopped near a village in Palghar district where the three were dragged out of the car and beaten to death with sticks by a mob on suspicion that they were child-lifters.

The deceased were identified as Chikne Maharaj Kalpavrukshagiri (70), Sushilgiri Maharaj (35), and driver Nilesh Telgade (30).

The Maharashtra government earlier ordered a high- level probe into the incident, and two policemen from Palghar were suspended on Monday for alleged dereliction of duty.