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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.

Mar 24: Saudi Arabia has recorded its first death from the coronavirus in a 51-year-old Afghani resident, Health Ministry spokesman Mohammed Abdelali told a televised news conference on Tuesday.

The man's health deteriorated quickly after reporting to a hospital emergency room in the city of Medina and he died on Monday night, Abdelali said.

Farukkhabad, Jan 14: In a shocking incident, a new-born baby was mauled to death by a dog inside the operation theatre (OT) of a private hospital in Farukkhabad on Monday.

Family members of the baby boy said that they noticed the hospital staff shooing a dog away from inside the operation theatre and soon after, they were told the baby boy, born just two hours ago, was dead.

The family members said that they found the baby's body on the floor and it had deep gashes around the neck and other parts of the body.

District magistrate Manvendra Singh has ordered an FIR and the Chief Medical Officer (CMO) Chandra Shekhar said the hospital has been sealed and an inquiry ordered into the incident.

Sources said that the hospital where the incident took place was unregistered and was being run adjacent to a government hospital.

According to the FIR lodged with Sadar Kotwali police, the infant's father Ravi Kumar said he had admitted his wife Kanchan in the hospital on Monday and she was taken for a C-section to the operation theatre.

After the delivery, Kanchan was shifted to the ward but the family was told that the baby would be shifted later.

An hour later, the family was informed that the baby had died.

The family members then saw the hospital staff trying to chase a dog out of the operation theatre.

The family members forced their way into the operation theatre and found the infant lying on the floor with several injuries on the neck.

The police said that the baby's body has been preserved for examination and post mortem.

The FIR has been registered against Dr Mohit Gupta, and some of the staff members who were present during the delivery.

The hospital owner, Vijay Patel, however, feigned complete ignorance about the incident and said that he had been told that the baby was born dead.