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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 7: When a reign of terror was unleashed by "masked goons" in the Jawaharlal Nehru University (JNU) on Sunday, Delhi Police registered two cases against varsity students union president Aishe Ghosh, who was badly injured in the attack, within a span of five minutes.

The registration of cases on two separate complaints against Ghosh and other students filed by JNU security department on January 3 and January 4 were registered on Sunday night when the violence was on, triggering questions about the motive behind the timing.

While the FIRs against Ghosh and others were registered between 8.44 pm and 8.49 pm after the JNUSU president was admitted to AIIMS, an FIR on the Sunday violence was registered on Monday at 5.36 am against unknown persons. The Sunday violence case has been transferred to Crime Branch for further investigations.

Questions are being raised over the registration of FIRs on Sunday while the complaints were filed on the previous days. Students allege that it was an afterthought from the police and authorities, as a nationwide outrage erupted as soon as the violence was reported.

Delhi Police is under attack for not coming to the aid of students targeted by the mob of ABVP activists armed with iron rods and sticks who went on a rampage on the campus. While no single person in the Sunday violence was arrested, the police are also accused of being a "mute spectator" by allowing the rioters to leave the campus without being arrested.

In its complaints, the JNU Security Department has alleged that Ghosh and others entered into a verbal and physical scuffle with security guards, including women, when officials tried to open the Centre for Information System (CIS) that was blocked by students protesting against the fee hike and registration process.

While the January 3 complaint claims that the students switched off the power supply to the CIS and evicted staff forcefully, the January 4 complaint alleged that they damaged the information system.

They also claimed the students damaged the servers, made it dysfunctional, severely damaged optic fibre cables and broke the biometric system in the CIS. The complaint also cited a Supreme Court order that prevented any protest within 100 metres of Administration Block and claimed the students violated the direction.

The FIR filed on Sunday violence on the basis of the statement of Inspector Anand Yadav said that the first phase of violence was reported at 3.45 pm when "40-50 unidentified" people who had "covered their faces" attacked students in Periyar Hostel and the situation was brought under control.

However at around 7 pm, "50-60 people with rods in their hands" targeted students in Sabarmati Hostel in which students were attacked and public property destroyed.

The FIR said that students were injured but skipped the mention of the attack on teachers, who were injured. At least two faculty members Sucharita Sen and Ameet Parameswaran were taken to AIIMS while several other teachers suffered minor injuries.

New Delhi, Jan 21: With the IMF lowering India's economic growth estimate for the current fiscal to 4.8 per cent, senior Congress leader P Chidambaram on Tuesday claimed an attack on the world body and its chief economist Gita Gopinath by government ministers was imminent.

He also alleged that the growth figure of 4.8 per cent given by the International Monetary Fund (IMF) is after some "window dressing" and he won't be surprised if it goes even lower.

"Reality check from IMF. Growth in 2019-20 will be BELOW 5 per cent at 4.8 per cent," Chidambaram said in a series of tweets.

"Even the 4.8 per cent is after some window dressing. I will not be surprised if it goes even lower," the former finance minister said.

IMF Chief Economist Gopinath was one of the first to denounce demonetisation, he noted.

"I suppose we must prepare ourselves for an attack by government ministers on the IMF and Dr Gita Gopinath," Chidambaram said.

The IMF lowered India's economic growth estimate for the current fiscal to 4.8 per cent and listed the country's much lower-than-expected GDP numbers as the single biggest drag on its global growth forecast for two years.

In October, the IMF had pegged India economic growth at 6.1 per cent for 2019.

Listing decline in rural demand growth and an overall credit sluggishness for lowering of India forecasts, Gopinath, however, had said the growth momentum should improve next year due to factors like positive impact of corporate tax rate reduction.