Zoramthanga sworn in as Mizoram CM for third time

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.

Mumbai, Jul 2: The Shiv Sena on Thursday termed the ban on 59 Chinese apps by the Indian government as a "digital strike" and asked if these apps were a threat to the national security, how did they operate for so many years.

An editorial in Sena mouthpiece 'Saamana' sought to know when did the Centre realise these apps were a threat to the national security.

By banning the Chinese apps, Prime Minister Narendra Modi protected the interests of Indian internet users and his courage has be lauded, the Marathi publication said.

India on Monday banned 59 apps with Chinese links, including TikTok, UC Browser, SHAREit and WeChat, saying they were prejudicial to sovereignty, integrity and security of the country.

"If these apps were a threat to national security, how is it that these apps were functioning without any hurdles for so many years. If the opposition says the government neglected national security,then what will the Centre's stand be?" the Shiv Sena asked.

It said questions should be raised on all the previous governments for "allowing national data to go out of the country".

China has expressed displeasure over the Indian government's decision, the Marathi daily said, adding that Chinese soldiers are "still not ready to leave the Galwan Valley (in Ladakh)".

The Sena said it took the sacrifices of 20 soldiers for the government to realise Indian data was being illegally taken out of the country.

"The government took revenge by a digital strike," it stated.

There have been complaints earlier that users' data on Chinese apps was illegally sent out of the country, and apps like TikTok were "promoting vulgarity", it said.

"Many TikTok stars had reportedly joined the BJP," the Sena claimed. "What will happen to them?" it asked.

There is a need to break China economically, but that will not happen by banning its apps. The issue is about trade and investment between the two countries, it said.

"The largest Chinese investment is in Gujarat.

Chinese company Huawei has got the contract to set up 5G network in India. This company having keys to India's digital economy is akin to the Chinese Communist Party owning the Indian economy in future," it said.