PM tells FinMin to revive ‘animal spirit’ in economy

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, May 9: With 3,320 coronavirus cases and 95 deaths reported in the last 24 hours, India's COVID-19 cases rose to 59,662 on Saturday, informed the Union Ministry of Health and Family Welfare.

The total number of active cases in the country now stands at 39,834 while the number of cured/discharged/migrated stands at 17,847.

The country has reported 1,981 deaths so far, added the Ministry.

Maharashtra has the highest number of cases with 19, 063 followed by Gujarat with 7,402 cases and Delhi with 6,318 cases.

Meanwhile, the country continues to remain in a lockdown slated to end on May 17.

Jaipur, Jul 14: Sachin Pilot has been removed as Deputy Chief Minister and Rajasthan PCC Chief, announced Congress leader Randeep Singh Surjewala on Tuesday.

"Sachin Pilot, Vishvendra Singh and Ramesh Meena have been removed from the posts of Deputy Chief Minister and Ministerial posts respectively. Sachin Pilot has also been removed as the Rajasthan PCC Chief," said Surjewala.

Govind Singh Dotasra has been appointed as the new PCC chief, he added.

"Sachin Pilot, few Congress Ministers and MLAs got involved in the conspiracy to topple the Congress government by getting entangled within the trap of BJP," he added.

The decision was taken after a Congress Legislature Party (CLP) meeting at the Fairmont Hotel in Jaipur, Rajasthan earlier today.

The Rajasthan Congress is in turmoil over the past few days. While Chief Minister Ashok Gehlot has blamed the BJP for attempting to destabilise the State government by poaching MLAs, Deputy Chief Minister Sachin Pilot has been camping in Delhi.

A controversy broke out in Rajasthan after Special Operation Group (SOG) sent a notice to Pilot to record his statement in the case registered by SOG in the alleged poaching of Congress MLAs in the State.