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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.

Ahmedabad, Jul 23: Private schools in Gujarat have suspended online classes for an indefinite period from Thursday, after a state government order said they should not collect fees from students until the schools reopen.

In a notification issued last week, the Gujarat government directed self-financed schools in the state not to collect tuition fees from students as long as they remain shut in the wake of the COVID-19 pandemic.

It also asked these schools not to hike fees for the academic year 2020-21.

Unhappy with the move, a union of representing nearly 15,000 self-financed schools in Gujarat decided to put on hold online classes, an alternative arrangement started earlier this month for students.

Majority of these schools informed the parents through SMS on Wednesday night that there will not be any online classes for their wards from Thursday.

Self-financed School Management Association's spokesperson Dipak Rajyaguru on Thursday said almost all the self-financed schools in the state refrained from imparting online education.

"If the government believes online education is not real education, then there is no meaning of imparting such unreal education to our students. Online education will remain suspended until the government withdraws that notification," Rajyaguru said in a statement.

He said the association will also approach the high court against state government's decision.

Jatin Bharad, a prominent educationist and member of the association, said there is no alternative to online education in the present scenario.

"Self-financed schools need to pay salaries to the teachers and other staff. No state in India has taken such decision that fees cannot be collected despite conducting online classes. If we adhere to the state notification, it will be impossible for us to pay salaries and run the school.

Thus, we have decided to suspend the online classes," said Bharad said.