That’s not a selfie, says union minister after his pic with coffin of braveheart draws flak

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, Jan 20: Union Finance Minister Nirmala Sitharaman on Sunday said the kind of cleaning in the system that the BJP-led government had to carry out after coming to power in 2014 was "unbelievable" and it undertook the exercise without any grudge or worry.

Between 2014-16, there were a lot of questions as to why reforms did not come fast and there were comments that the government was incapable of bringing them, she said delivering the Nani Palkhivala Memorial lecture on "Road Map to $5 Trillion Economy" here.

Pointing out that there were allegations and criticism that the government wants to do something but it did not, Sitharaman said, "I am fully willing to buy that." She recalled that Prime Minister Narendra Modi often said he did not believe in incremental changes and the country needed good transformational change. The stage in which India is today, it cannot have little marginal increments, but good transformational change.

"But still one might say in the last five years the government never did. That can be a critical analysis and I am fully willing to buy that. Because post-2014 the kind of cleaning up the government had to do was unbelievable and we undertook that exercise without a grudge without a worry.. we had to do it and it is part of the game," she said. Elaborating, Sitharaman said states have their own views on Land Acquisition Bill and the government could not have done anything because land, after all, is with them.

Commenting on the topic 'Road Map to $5 trillion economy,' she said quoting Prime Minister Narendra Modi's comments, the government would take the route "Sarkar ka abhaav nahi hona chahiye, prabhaav hona chahiye aur dabaav nahi hona chahiye."

"Abhaav and dabaav both of which are not desirable, abhaav is the inadequacy or lack of adequate presence or shortfall. You do not need a shortfall. You need a government where it should be present, where it is expected to function.", she said.

"So there should not be abhaav. Dabaav (meaning pressure) is not something you want from the government. So, you want Prabhaav. It is broadly an influence, facilitation, broadly the philosophy with which it is mandated, she said.

Noting that the government has got the mandate through the election, she said, "The mandate was spelt out in so many different ways in its manifesto. So the route towards $5 trillion is this."

"We have to be there to facilitate. We have to be there to make it easy. We have to be where you need us, where there is no policy (reforms from the government)," she said.

On the Insolvency and Bankruptcy Code (IBC) implemented by the government, the union minister said the approach of the IBC was not to shut business. "IBC takes on the approach in having some kind of resolution where all people who exploited the company do not come back through the "back door," she said.

IBC was done through better management so that the institution is alive and kicking. It is something which she wanted to carry forward from Modi 1.0 to 2.0. "The point I am trying to make on this road to $5 trillion economy is that it is not just an abstraction, this is not how I want India to be. But in micro-level too, we are coming in response to every stakeholder," she said.

Leh, Jul 3: Taking an apparent dig at China, Prime Minister Narendra Modi on Friday said the age of expansionism is over and added that the new age of development is here.

"Age of expansionism is over, this is the age of development. History is witness that expansionist forces have either lost or were forced to turn back," Modi said addressing soldiers in Ladakh's Nimmoo. However, the Prime Minister did not mention China at all in his address to the soldiers.

The remark comes amidst the ongoing tension between India and China at Line of Actual Control in the eastern Ladakh. In a violent face-off 20 Indian soldiers were killed in the Galwan Valley on June 15-16 when Chinese troops attempted to unilaterally change the status quo during the de-escalation.

The Prime Minister also said that the people of Ladakh have rejected every attempt to create separatism in the region.

"Ladakh is the head of the country. This is the symbol of pride for the 130 crore citizens of India. This land belongs to the people who are willing to make the ultimate sacrifice for the country... Every attempt to create separatism in the region was rejected by the nationalist people of Ladakh," Modi said.

He also said: "We are the same people who pray to the flute playing Lord Krishna, but we are also the same people who idealise and following the same Lord Krishna who carries the Sudarshan Chakra."

The two countries -- India and China -- have been involved in talks to ease the ongoing border tensions since last month.

Lauding the bravery displayed by the soldiers, the Prime Minister said: "The bravery that you and your compatriots showed, a message has gone to the world about India's strength."

"Your courage is higher than the heights where you are posted today," he added.

"Atmanirbhar Bharat ka sankalp aapke tyag, balidan, pursharth ke karan aur bhi mazbut hai,"(The determination of self-reliant India gets strengthened from your sacrifice and courage)," the Prime Minister said.

The soldiers were observed maintaining social distancing while PM Modi's address here.

PM Modi on Friday made a surprise visit to Ladakh and was briefed by senior officers at Nimmoo amid ongoing tension with China. The Prime Minister was accompanied by Chief of Defence Staff (CDS) General Bipin Rawat and Army Chief General Manoj Mukund Naravane.

He reached Nimmoo, early morning today and interacted with Army, Air Force and ITBP personnel.

Located at 11,000 feet, this is among the tough terrains, surrounded by Zanskar range and on the banks of the Indus.

Sources had earlier informed about CDS Rawat's visit to Leh today. General Rawat's visit holds importance since it comes in the wake of Defence Minister Rajnath Singh's visit to Ladakh being rescheduled.

Earlier, the Defence Minister was scheduled to visit Ladakh today to review the preparedness of the army amid the ongoing standoff with China.

The situation at the India-China border remains tense after 20 Indian soldiers lost their lives in a violent face-off in the Galwan valley on June 15-16 when Chinese troops attempted to unilaterally change the status quo during the de-escalation. India and China have been involved in talks to ease the ongoing border tensions since last month.