Sena shocks NDA, supports Pranab

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.

New Delhi, Jun 19: India on Friday added 13,586 new COVID-19 cases for the first time in a single day, pushing the tally to 3,80,532, while the death toll rose to 12,573 with 336 new fatalities, according to the Union Health Ministry data.

In some positive news, the number of recoveries crossed the two lakh-mark and stands at 2,04,710, while there are 1,63,248 total COVID-19 active cases, according to the updated official figure at 8 am.

One patient had migrated.

"Thus, around 53.79 percent patients have recovered so far," an official said.

The total number of confirmed cases include foreigners. 

India registered over 10,000 cases for the eighth day in a row.

Of the 336 new deaths reported till Friday morning, 100 were in Maharashtra, 65 in Delhi, 49 in Tamil Nadu, 31 in Gujarat, 30 in Uttar Pradesh, 12 each in Karnataka and West Bengal, 10 in Rajasthan, six in Jammu and Kashmir, five in Punjab, four each in Haryana and Madhya Pradesh, three in Telangana, two in Andhra Pradesh and one each in Assam, Jharkhand and Kerala.

Jun 12: There have been complaints of non-availability of beds or denial of treatment to coronavirus patients in the national capital despite nearly 70 per cent of beds in five designated hospitals run by the Delhi government lying vacant, with experts attributing it to people''s aversion towards state-run facilities.

As per the latest information shared on the Delhi Corona app on Thursday afternoon, more than 3,000 beds are lying vacant in these five dedicated COVID-19 hospitals that have a total capacity of 4,344 beds.

However, almost all beds at several big private hospitals are shown to be occupied.

Families of many COVID-19 patients, confirmed or suspected, have alleged in the past few weeks that they have been denied admission at many facilities or have not been able to get a bed for their kin.

Medical and public health experts feel it may be because of the image associated with government hospitals, related to infrastructure and hygiene conditions, and perhaps shortage of staff.

According to the latest data available on Delhi Corona app on Thursday afternoon, a total of 9,444 beds are available in private facilities and hospitals run by the central and Delhi governments. Out of these, 4,371 are vacant.

The app shows that beds are available at Delhi government-run hospitals dedicated for COVID-19 treatment such as LNJP Hospital (1,219), GTB Hospital (1,314), Rajiv Gandhi Super Speciality Hospital or RGSSH (242).

However, almost all beds at several big private hospitals are shown to be occupied.

At LNJP Hospital, there are a total of 2,000 beds, out of these 781 are occupied. GTB Hospital has total 1,500 beds, only 186 of which are occupied. Even at RGSSH, 258 of the 500 beds are occupied.

Beds are available at other dedicated COVID-19 facilities in the national capital too, according to the app. Deep Chand Bandhu Hospital has 94 unoccupied beds out of a total 176 and Satyawadi Raja Harishchandra Hospital has 145 vacant beds out of a total 168.

This makes a total of 4,344 COVID-19 beds at these five dedicated Delhi government hospitals, out of which 3,014 or 69.38 per cent are vacant.

A senior doctor at the RGSSH said, "We are only admitting very serious COVID-19 patients in the hospital. Those with mild symptoms, or asymptomatic ones, are either being home quarantined or being sent to COVID Care Centres. Our beds are on stand-by also to accommodate serious patients in case there is a sudden rush."

Delhi Heath Minster Satyendar Jain had recently said that some private hospitals could have been denying admission, but the Delhi government-run hospitals have not denied beds to any needy COVID-19 patient.

He had also said that main private hospitals are almost full to their capacity in terms of number of COVID-19 beds.

According to the app, at prominent private hospitals like Indraprastha Apollo, Max Hospital in Shalimar Bagh, Fortis Hospital in Shalimar Bagh, BL Kapur Hospital are fully occupied.

Max Hospital in Saket has a total of 200 beds for COVID-19 patients, and only one is vacant.

On June 9, the Delhi government had directed 22 private hospitals in the national capital to dedicate a total of 2,015 extra beds for treatment of coronavirus patients, revising its earlier allocation limit of 20 per cent.

Lawyer and public heath activist Ashok Agarwal said infrastructure and hygiene are two main factors, and people still want to "avoid government facilities".

"I know of cases, where people were willing to be on waiting list of private hospitals but did not go to a government hospital, even though beds were available," he said.

Even those who went to a government hospital for COVID-19 treatment, complained of "dirty toilets, and these being used by multiple patients", Agarwal said.

"Also, as the cases erupted successively over the months, many people got scared and were in two minds to go to a government hospital, as admitted patients were making allegations in videos and on social media about lack of proper services. Besides, there is shortage of medical staff at various facilities, and each patient needs to be attended to," he argued.

Delhi government hospitals and private facilities were directed to prominently display information about the availability of beds on a flex board at their main gates.

Delhi Lt Governor Anil Baijal on Wednesday ordered Delhi hospitals to display the availability of COVID and non-COVID beds, charges for rooms or beds along with contact details on a LED board outside the hospital.

Max Hospital sources said they were already displaying the status of beds on LED screens near their reception area even before the government order.

A spokesperson from Fortis Hospital said, "We are in the process of arranging to put up the displays as per the prescribed format."

Delhi recorded 1,501 fresh coronavirus cases on Wednesday, taking the COVID-19 tally in the city to over 32,000, and the death toll due to the disease mounted to 984, authorities said.