Nirbhaya case: SC throws out curative pleas of 2 death row convicts

News Network
January 14, 2020

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.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 6,2020

Dubai/Washington, Jan 6: Tens of thousands of Iranians thronged the streets of Tehran on Monday for the funeral of Quds Force commander Qassim Suleimani who was killed in a US air strike last week and his daughter said his death would bring a "dark day" for the United States.

"Crazy Trump, don't think that everything is over with my father's martyrdom," Zeinab Suleimani said in her address broadcast on state television after US President Donald Trump ordered Friday's strike that killed the top Iranian general.

Iran has promised to avenge the killing of Qassim Suleimani, the architect of Iran's drive to extend its influence across the region and a national hero among many Iranians, even many of those who did not consider themselves devoted supporters of the Islamic Republic's clerical rulers.

The scale of the crowds in Tehran shown on television mirrored the masses that gathered in 1989 for the funeral of the founder of the Islamic Republic, Ayatollah Ruhollah Khomeini.

In response to Iran's warnings, Trump has threatened to hit 52 Iranian sites, including cultural targets, if Tehran attacks Americans or US assets, deepening a crisis that has heightened fears of a major Middle East conflagration.

The coffins of the Iranian general and Iraqi militia leader Abu Mahdi al-Muhandis, who was also killed in Friday's attack on Baghdad airport, were passed across the heads of mourners massed in central Tehran, many of them chanting "Death to America".

One of the Islamic Republic's major regional goals, namely to drive US forces out of neighbouring Iraq, came a step closer on Sunday when the Iraqi parliament backed a recommendation by the prime minister for all foreign troops to be ordered out.

"Despite the internal and external difficulties that we might face, it remains best for Iraq on principle and practically," said Iraqi caretaker Prime Minister Adel Abdul Mahdi, who resigned in November amid anti-government protests.

Iraq's rival Shi'ite leaders, including ones opposed to Iranian influence, have united since Friday's attack in calling for the expulsion of US troops.

Esmail Qaani, the new head of the Quds Force, the Revolutionary Guards' unit in charge of activities abroad, said Iran would continue Suleimani's path and said "the only compensation for us would be to remove America from the region."

ALLIES AT FUNERAL

Prayers at Suleimani's funeral in Tehran, which will later move to his southern home city of Kerman, were led by Iran's Supreme Leader Ayatollah Ali Khamenei. Suleimani was widely seen as the second most powerful figure in Iran behind Khamenei.

The funeral was attended by some of Iran's allies in the region, including Ismail Haniyeh, the leader of Palestinian group Hamas who said: "I declare that the martyred commander Suleimani is a martyr of Jerusalem."

Adding to tensions, Iran said it was taking another step back from commitments under a 2015 nuclear deal with six major powers, a pact from which the United States withdrew in 2018.

Washington has since imposed tough sanctions on Iran, describing its policy as "maximum pressure" and saying it wanted to drive down Iranian oil exports - the main source of government revenues - to zero.

Talking to reporters aboard Air Force One on the way to Washington from Florida on Sunday, Trump stood by his remarks to include cultural sites on his list of potential targets, despite drawing criticism from US politicians.

"They're allowed to kill our people. They're allowed to torture and maim our people. They're allowed to use roadside bombs and blow up our people. And we're not allowed to touch their cultural sites? It doesn't work that way," Trump said.

Democratic critics of the Republican president have said Trump was reckless in authorizing the strike, and some said his comments about targeting cultural sites amounted to threats to commit war crimes. Many asked why Soleimani, long seen as a threat by US authorities, had to be killed now.

Republicans in the US Congress have generally backed Trump's move.

Trump also threatened sanctions against Iraq and said that if US troops were required to leave the country, Iraq's government would have to pay Washington for the cost of a "very extraordinarily expensive" air base there.

He said if Iraq asked US forces to leave on an unfriendly basis, "we will charge them sanctions like they've never seen before ever. It'll make Iranian sanctions look somewhat tame."

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
June 8,2020

New Delhi, Jun 8: Union Human Resource Development Minister Ramesh Pokhriyal Nishank has said that CBSE board results can be declared by August 15. The results of both class 10 and 12 will be declared at an interval of just a few days.

However, the decision to open schools will be taken after August keeping in mind the current COVID-19 situation. At present, the Ministry of Human Resource Development has not set any date for reopening schools.

Nishank said during a discussion "We hope that the results of both 10th and 12th class will be declared by August 15. These include the results of previous exams and the results of examinations in July."

On the issue of reopening of schools, Nishank said "after August the process of opening schools will be started."

A final decision in this regard will be taken only after assessing the prevailing conditions. According to the HRD ministry, after August, new sessions will also start in universities.

Meanwhile, the Arvind Kejriwal government in Delhi has also written to the HRD ministry on the subject of reopening schools. Delhi Education Minister Manish Sisodia said in the letter, "Delhi Chief Minister Arvind Kejriwal said some time ago that we have to learn to live with coronavirus. So it would be better to open schools with proper safety measures."

Sisodia said that first of all, we have to assure every child that they are important to us. Everyone has equal rights over the physical and intellectual environment of his school. Education cannot progress beyond online classes only. It would be impossible to pursue education only by calling older children to school and keeping younger children at home.

Several private schools have also suggested measures to the HRD ministry to open schools and safety in schools during this period. However, the ministry is not in a hurry to reopen schools at present. According to senior officials of the ministry, at present, preparations are being made to conduct the remaining board exams of class 10 and 12 between July 1 and 15.

After the examinations, the first priority is to declare the results. Only then can the process of reopening school colleges begin.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
February 14,2020

Washington, Feb 14: The United States has called for making Jamaat-ud-Dawa (JuD) chief Hafiz Saeed accountable for his involvement in the planning of "numerous acts of terrorism, including 2008 Mumbai attacks". "We continue to call for Hafiz Saeed to be held accountable for his involvement in the planning of numerous acts of terrorism, including 2008 Mumbai attacks that killed 166 innocent people, including 6 Americans," US State Department spokesperson said on Thursday (February 13, 2020).

US State Department spokesperson said this while commenting on the Saeed`s conviction in terror financing cases.

The spokesperson said Hafiz Saeed`s conviction on terror financing is a step towards curtailing the operation of a terrorist group that threatens peace and stability in South Asia.

"We urge Pakistan to continue to take appropriate legal action against individuals who commit acts of terrorism, raise funds for, or advocate for terrorism," the official said.

On Wednesday, Alice Wells, Principal Deputy Assistant Secretary of US for South and Central Asian Affairs had termed the conviction of 26/11 Mumbai terror attack mastermind Hafiz Saeed as an "important step forward" towards holding terrorist organisation LeT "accountable for its crimes".

"Today`s conviction of Hafiz Saeed and his associate is an important step forward - both toward holding LeT accountable for its crimes and for #Pakistan in meeting its international commitments to combat terrorist financing," she tweeted.

"And as @ImranKhanPTI has said, it is in the interest of #Pakistan`s future that it not allow non-state actors to operate from its soil," she said in another tweet.

An anti-terrorism court in Lahore, Pakistan on Wednesday sentenced Mumbai terror attack mastermind and chief of the banned Jamaat-ud -Dawa (JuD) Hafiz Saeed to five-and-a-half years in prison each in two terror financing cases.

Pakistan based Dawn reported that he was slapped with a prison sentence of five-and-a-half years and a fine of Rs15,000 in each case and the sentences of both cases will run concurrently.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.