BJP contemplating to field more Muslim candidates in Bengal

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 8: Jawaharlal Nehru University Students Union (JNUSU) President Aishe Ghosh has filed a complaint over the violence that took place at the varsity campus on Sunday.

"I am filing this complaint for the incident in which a mob conspired and acted with common intention to assault, intimidate and attempt to murder me, and request you to register an FIR and apprehend culprits at the earliest," the complaint read.

She said that on January 5, in the afternoon, she received information from students in the campus that some students affiliated to ABVP along with other unidentified men and women had gathered with weapons like rods, sledgehammers and lathis near Ganga Bus Stop.

"I along with Nikhil Mathew (MA Labour Studies) who was also present there, were surrounded by a group of persons of that mob most of whom were wearing masks. The mob of 20-30 persons dragged me behind a car standing near the 24*7 and surrounded me and despite my pleading did not let me go and attacked me with rods while I had fallen down. I remember that one of the people was of medium height wearing a brownish-red sweatshirt with UCLA written on it. I saw his face as he was facing me and did not have a mask on and can identify him if I see him," Ghosh wrote in her complaint.

"I was attacked by the above-mentioned persons collectively and was hit on the head multiple times with iron rods. I fell to the ground and my head started bleeding, and some of them kicked me and hit me with the rod on my hand and rest of the body including my head, chest and back."

"I am attaching with this complaint a copy of the MLC which details my injuries. Nikhil Mathew tried to save me but was also hit with an iron hammer and other weapons on his head and arms. The intention of the group of men and their acts was definitely to murder me and other persons associated with me," she said.