Nirbhaya case: SC dismisses plea of death row convict against dismissal of mercy plea

News Network
January 29, 2020

New Delhi, Jan 29: The Supreme Court on Wednesday dismissed the plea by Mukesh Kumar Singh, one of the four death row convicts in the Nirbhaya gang rape and murder case, challenging the rejection of his mercy petition by the President.

A three-judge bench headed by Justice R Banumathi said that expeditious disposal of mercy plea by the President doesn't mean non-application of mind by him.

The court also said that alleged sufferings in prison can't be grounds to challenge the rejection of mercy petition.

The bench said all relevant material including judgments pronounced by trial court, high court and Supreme Court were placed before the President when he was considering the mercy plea of the convict.

The bench also comprising justices Ashok Bhushan and A S Bopanna rejected the contentions of the counsel appearing for Singh that entire materials of the case were not placed before the President when he was considering his mercy plea.

The bench, while referring to two files placed before it by the Centre on Tuesday, said that as per the January 15 covering letter which was sent by the Delhi government to the Ministry of Home Affairs, all relevant documents were sent.

The bench noted that detailed judgements of trial court, high court and the Supreme Court, curative petition filed by Singh, his past criminal history and his family background were sent to the Home Ministry by the Delhi government.

"All the documents were taken into consideration by the President while rejecting the mercy petition," the bench said.

The bench also dealt with submissions advanced by the convict's counsel, who had argued that the mercy plea was rejected at "lightning speed".

The bench said that if a mercy petition is expeditiously dealt with, it cannot be assumed that it has been adjudicated upon in a pre-conceived mind.

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News Network
August 8,2020

Kozhikode, Aug 8: A family of five, returning to their hometown at Koducalli in Kozhikode from Dubai, were aboard the fateful Air India Express flight that crash-landed at the Kozhikode airport claiming at least 18 lives on Friday.

Saifudheen, 40, is a businessman in Dubai. During the vacation when schools were closed here, his wife Fasalunnisa travelled, along with their children Muhammad Shahil, Fathima Sana and Aysha Shanza, to meet her husband.

On Friday, they were all travelling in the Air India aircraft to Kozhikode.

All five have received injuries and have been admitted to Baby Memorial Hospital Kozhikode except Sana, who is admitted to Al Shifa Hospital at Perinthalmanna in Malappuram.

"Saifudheen is my uncle. He and his family members were returning from Dubai when this unfortunate incident occurred. We were informed about the mishap at 8 pm. Now the family members have been shifted to Baby Memorial Hospital and everyone is fine now," Muhammad Salih, nephew of Saifudheen said.

The death toll in the flight crash landing incident at Kozhikode International Airport in Kerala rose to 18, including two pilots, Civil Aviation Minister Hardeep Singh Puri said on Saturday.

The minister said that he will visit the Kozhikode airport to take stock of the situation.

Two special relief flights have been arranged from Delhi and one from Mumbai for rendering humanitarian assistance to all the passengers and the family members.

Aircraft Accident Investigation Bureau (AAIB), Directorate General of Civil Aviation (DGCA) and Flight Safety Departments have reached to investigate the incident, the Air India Express stated.

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News Network
April 21,2020

New Delhi, Apr 21: India's count of positive coronavirus cases reached 18,985 after 1,329 new cases were reported in the last 24 hours, the Ministry of Health and Family Welfare said on Tuesday.

Out of the total cases, 15,122 are active cases, 3,259 have been discharged or cured and one has migrated. With 44 new deaths reported in the last 24 hours, the toll stands at 603.

As per the evening update by the ministry, Maharashtra continues to be the worst-hit state with 4,669 cases, out of which 572 patients have been discharged and cured and 232 deaths.

Delhi's total count of confirmed cases stand at 2,081, which includes 431 cured or discharged cases and 47 deaths.

Gujarat has reported a total of 2,066 positive COVID-19 cases, out of which 131 patients have recovered or discharged, while 77 patients have lost their lives.

Madhya Pradesh's count of COVID-19 cases stand at 1,540, including 127 cured or discharged cases and 76 deaths.

Rajasthan has so far reported 1,576 positive cases, out of which 205 patients have recovered or discharged and 25 people have lost their lives.

Tamil Nadu's COVID-19 figure has risen to 1,520, with 457 patients recovered and 17 fatalities. Uttar Pradesh has reported 1,294 cases, out of which 140 patients have recovered and 20 are dead.

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News Network
January 31,2020

New Delhi, Jan 31: The Supreme Court Friday dismissed the plea filed by one of the four death row convicts in the Nirbhaya gang-rape and murder case, Pawan Gupta, seeking review of its order rejecting his juvenility claim.

The review plea filed earlier in the day was taken up for consideration in-chamber by a bench comprising Justices R Banumathi, Ashok Bhushan and A S Bopanna. 

On January 20, the apex court had rejected the plea by Pawan who had challenged the Delhi High Court's order dismissing his juvenility claim.

Advocate A P Singh, who is representing Pawan in the case, said he filed a petition on his behalf seeking review of the top court's January 20 order on Friday.

While dismissing the plea, the top court had said there was no ground to interfere with the high court order that rejected Pawan's plea and his claim was rightly rejected by the trial court as also the high court.

It had said the matter was raised earlier in the review petition before the apex court which rejected plea of juvenility taken by Pawan and another co-accused Vinay Kumar Sharma and that order has attained finality.

Singh had argued that as per his school leaving certificate, he was a minor at the time of the offence and none of the courts, including trial court and high court, ever considered his documents.

Solicitor General Tushar Mehta, appearing for the Delhi Police, had said Pawan's claim of juvenility was considered at each and every judicial forum and it will be a travesty of justice if the convict is allowed to raise the claim of juvenility repeatedly and at this point of time.

The trial court on January 17 issued black warrants for the second time for the execution of all the four convicts in the case -- Mukesh Kumar Singh (32), Pawan (25), Vinay (26) and Akshay (31) -- in Tihar jail at 6 am on February 1. Earlier, on January 7, the court had fixed January 22 as the hanging date.

As of now, only Mukesh has exhausted all his legal remedies including the clemency plea which was dismissed by President Ram Nath Kovind on January 17 and the appeal against the rejection was thrown out by the Supreme Court on January 29.

Convict Akshay's curative petition was dismissed by the top court on January 30. Another death row convict Vinay moved mercy plea before President on January 29, which is pending.

Singh has also approached the trial court seeking stay on the execution scheduled on February 1, saying the legal remedies of some of the convicts are yet to be availed.

A 23-year-old paramedic student, referred to as Nirbhaya, was gang-raped and brutally assaulted on the intervening night of December 16-17, 2012, in a moving bus in south Delhi by six people before she was thrown out on the road.

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