Swamy links Sonia with chopper deal, Cong forces adjournments

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.

Lucknow, Feb 14: Uttar Pradesh doctor Kafeel Khan was on Friday booked under the National Security Act (NSA) over his alleged anti-CAA speech at Aligarh Muslim University on December 12, 2019.

The Uttar Pradesh slapped NSA on Kafeel Khan on Friday even as the doctor waited to be released from jail despite being granted bail on Monday in connection with his alleged inflammatory speech.

SP Crime Dr Arvind said that there were sufficient grounds to book the doctor under NSA.

The suspended pediatrician, Kafeel Khan, was arrested for allegedly delivering a controversial speech during Anti-CAA protests on December 12 at the Aligarh Muslim University or AMU. While he was granted bail on Monday, his family members claimed on Thursday that he was yet to be released.

Dr Kafeel Khan's brother Adeel Ahmed Khan had issued a statement saying that despite being granted bail Mathura jail authorities had not honoured the court's order.

Dr Kafeel Khan was arrested by the UP Special Task Force from Mumbai on January 29 for participating anti-CAA protest at AMU. A case was registered against him at the Civil Lines police station here for promoting enmity between different religions.

After his arrest in Mumbai, Dr Khan was brought to Aligarh, from where he was shifted to the district jail in neighbouring Mathura.

According to police, this was done as a precautionary measure in view of the anti-CAA protests on the AMU campus and at the Eidgah grounds in the old city. Police had said that the Dr Khan's presence in the Aligarh jail could have aggravated the law and order situation in the city.

The doctor was earlier arrested for his alleged role in the death of over 60 children in one week at the BRD Medical College in Gorakhpur in August 2017. Short supply of oxygen at the children's ward was blamed at that time for the deaths.

About two years later, a state government probe cleared Khan of all major charges, prompting him to seek an apology from the Yogi Adityanath government.

New Delhi, Feb 11: The Aam Aadmi Party on Tuesday appeared to be heading back to power for a second term in Delhi with the party leading in 52 seats of the 70 and the BJP ahead in 18 as votes for last week's assembly elections were counted, according to Election Commission figures. The contest for political power over the national capital was a bipolar one with the Congress nowhere in the reckoning, according to initial trends.

AAP supremo and chief minister Arvind Kejriwal was leading in the New Delhi seat by 4,300 seats, while his deputy Manish Sisodia from Patparganj seat was ahead by 102 votes.

BJP leader Vijender Gupta, who is also leader of opposition in the Delhi legislative assembly, was trailing by over 1,200 votes from Rohini.

As early celebrations broke out in the AAP headquarters in Rouse Avenue, BJP's Delhi unit chief Manoj Tiwari asked his party supporters not to lose hope.

"There are 27 seats where the difference of votes is between 700 to 1,000," Tiwari told reporters.

Looking ahead at victory, he said he was not nervous and was ready to take on the responsibilities that a win would bring.

"All talk is over. We have to wait for the blessings of the people. I am confident it will be a good day for BJP. We are coming to power in Delhi today. Don't be surprised if we win 55 seats," Tiwari said.

Kejriwal, who had led his party to a spectacular win of 67 of 70 seats in 2015, is expected to address party workers and the media later in the day. However, his party workers were upbeat and in celebratory mode.

"We have been saying since the beginning that the upcoming polls will be fought on the basis of work done by us... You wait and watch, we will register a massive win," AAP spokesperson Sanjay Singh told reporters.

"We hope we get such a clear majority that a message goes out that doing Hindu-Muslim politics will not work anymore," said AAP volunteer Fareen Khan at the party office.

The headquarters were decorated with blue and white balloons and big cutouts of Kejriwal were placed in different parts of the office.

Labour minister and AAP's Delhi unit convenor Gopal Rai was leading in Badarpur constituency by 1,994 votes.

Atishi, AAP's Kalkaji candidate, who was also instrumental in the transformation of Delhi government schools, was trailing by 190 votes.

AAP's Timarpur candidate Dilip Pandey was leading by over 1,500 votes.

BJP's Tajinder Singh Bagga was trailing on Hari Nagar seat by over 50 votes, while AAP's Raghav Chadha is leading from Rajinder Nagar constituency.

Congress' Chandni Chowk candidate Alka Lamba, who is sitting MLA from the constituency, was trailing by over 5,800 votes.

Counting centres are spread across 21 locations in 11 districts, including at the CWG Sports Complex in east Delhi, NSIT Dwarka in west Delhi, Meerabai Institute of Technology and G B Pant Institute of Technology in southeast Delhi, Sir CV Raman ITI, Dheerpur in central Delhi, and Rajiv Gandhi Stadium in Bawana in north Delhi.

The assembly elections were held on February 8.

A total of 672 candidates, including 593 men and 79 women, were in the fray for the hotly contested, often divisive polls with the anti-CAA protests in Shaheen Bagh occupying centrestage towards the end of the campaign.

While the AAP, of course, put forward Kejriwal, Prime Minister Narendra Modi, home minister Amit Shah and Uttar Pradesh chief minister Yogi Adityanath were among those who extensively campaigned for the BJP.

The Congress, still recovering maybe from the death of its three-time Delhi chief minister Sheila Dikshit in July last year, got into campaign mode much later. Former prime minister Manmohan Singh and party leaders Rahul Gandhi and Priyanka Gandhi were among those who campaigned for the Congress.