10 PL from March 19 10 23 at Sharjah

New Delhi, Mar 12: The Supreme Court told the Uttar Pradesh government on Thursday that as of now, there was no law that could back their action of putting up roadside posters of those accused of vandalism during anti-CAA protests in Lucknow.

An apex court bench refused to stay the March 9 Allahabad High Court order directing the Yogi Adityanath administration to remove the posters.

The top court, which grilled the Uttar Pradesh government for putting up such posters in public, described the plea as a matter that needed "further elaboration and consideration".

A vacation bench of justices U U Lalit and Aniruddha Bose said a "bench of sufficient strength" would consider next week the Uttar Pradesh government's appeal against the Allahabad High Court order directing the state administration to remove the posters of those accused of vandalism during anti-CAA protests.

It directed the apex court registry to put up the case file before Chief Justice of India (CJI) S A Bobde so that a "bench of sufficient strength can be constituted at the earliest to hear and consider" the case next week.

During the hearing, the bench told Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government, that it was a matter of "great importance".

It asked Mehta whether the state government had the power to put up such posters.

The top court, however, said there was no doubt that action should be taken against rioters and they should be punished.

Mehta told the court that the posters were put up as a "deterrent" and the hoardings only said that these persons were liable to pay for their alleged acts during the violence.

Senior advocate A M Singhvi, appearing for former IPS officer S R Darapuri whose poster has also been affixed in Lucknow, told the bench that the state was duty-bound to show the authority of law backing its action.

He said the action of the Uttar Pradesh government amounted to a "mega blanket" approach of naming and shaming these persons without final adjudication and it was an open invitation to common men to lynch them as the posters also had their addresses and photographs.

Mumbai, Mar 3: India on Tuesday retained their number one spot and captain Virat Kohli remained static at second in the ICC rankings despite a dismal Test series against New Zealand.

India have 116 rating points, six more than New Zealand with third-placed Australia accumulating 108 points. The 0-2 result against New Zealand was India's first series loss in the World Test Championship.

Kohli remains in second position in the batting rankings despite a forgettable Test series in which he made 38 runs in four innings, the ICC said in a statement.

New Zealand opener Tom Blundell and his Indian counterpart Prithvi Shaw and debutant paceman Kyle Jamieson were among the biggest movers in the rankings, released on Tuesday.

Blundell had a successful series against India, scoring 117 runs in four innings, with one half-century, which put him among the top two run-scorers in the series.

The performance meant he was rewarded with a jump of 27 places to No. 46. Shaw, who returned for his first series since his Test debut against West Indies in 2018, and made a punchy 54 in the first innings of the Christchurch Test, rose 17 places to No.76.

Australia's Steve Smith retained his top spot, holding a 25-point advantage over Kohli. Smith's apprentice Marnus Labuschagne jumped one spot to round off the top three, taking the place of New Zealand captain Kane Williamson.

England all-rounder Ben Stokes and India opener Mayank Agarwal moved a spot each and swapped places to break into and fall out of the top 10 respectively.

Among bowlers, Tim Southee's Player of the Series winning performance against India took him into the top five, with a jump of two places to No.4, while Jasprit Bumrah and Trent Boult returned to the top 10, gaining four places each to occupy the seventh and ninth positions respectively.

But the biggest gainer was Jamieson, who rose from No. 80 to 43.

There was only one change in the top ten among all-rounders, with Southee dropping a spot to No.10 and team-mate Neil Wagner falling out of the top 10 with a drop of four spots.

As with the bowling rankings, Jamieson, who frustrated India with handy lower order runs, gained big on the all-rounders' table, rising 26 places to No. 22.

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.