High Court grants bail to BJP leader Chinmayanand, accused of raping law student

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 24: The Election Commission of India on Friday told the Supreme Court that its 2018 direction asking poll candidates to declare their criminal antecedents in electronic and print media has not helped curb criminalisation of politics. The poll panel suggested that instead of asking candidates to declare criminal antecedents in the media, political parties should be asked not to give tickets to candidates with criminal background.

A bench of Justices R F Nariman and S Ravindra Bhat asked the ECI to come up with a framework within one week which can help curb criminalisation of politics in nation's interest.

The top court asked the petitioner BJP leader and advocate Ashiwini Upadhyay and the poll panel to sit together and come up with suggestions which would help him in curbing criminalisation of politics.

In September 2018, a five-judge Constitution bench had unanimously held that all candidates will have to declare their criminal antecedents to the Election Commission before contesting polls and had called for a wider publicity, through print and electronic media about antecedents of candidates.

New Delhi, Jun 23: "Coming up with a clinically tested, evidence-based medicine was a challenge," said Yoga Guru Ramdev as on Tuesday he launched Patanjali's Coronil tablet, which he claims is a cure for COVID-19. He also talked about various other immunity boosters at an event here during the launch.

Patanjali claims those administered the medicine were fully cured and none died. Ramdev even claimed that 69 per cent of them recovered within 3 days.

"We appointed a team of scientists after COVID-19 outbreak," said Balkrishna, Ramdev's close aide and MD of Patanjali Ayurved. He added that Patanjali conducted a clinical case study on hundreds of positive patients.

Patanjali has claimed that the clinical trials which were controlled in nature, was jointly conducted by Patanjali Research Institute which is based out of Haridwar and the National Institute of Medical Sciences, Jaipur.

Talking about the clinical trials, Ramdev said, "Under this 280 patients were included and 100 per cent of those recovered." He added they were able to control Coronavirus and its complications.

He said that in the next few days, data of the trail will be released as evidence to bolster claims. There are now over 9 million people affected by the pandemic since it broke out in China's Wuhan city in December 2019.

He said Ayurvedic elements are being used in the tablet. "There are more than 100 compounds used in the Coronil," he added. An entire kit is being made for that which consists of other Ayurvedic medicine as well which helps in immunity. The entire kit comes at Rs 600. However, he claimed that it will be given for free to those living below the poverty line.

As for doses, Panajali prescribes: "2-2 tablets should be consumed with hot water half an hour after meals. The above mentioned drug intake and quantity is suitable for people between 15 to 80 years of age. Half the amount of the above mentioned medicines can be used for children between the age of 6 to 14 years." These are the written instructions on the pack.

India has been battling the pandemic with close to 4 lakh cases in India on Tuesday and around 14,000 deaths so far.