Shootout inside Vijayapura court: Gunman opens fire at rowdy-sheeter

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.

Udupi, Jun 1: As many as 73 people have been tested positive for coronavirus in Udupi district today.

The district has registered a total of 260 positive cases so far. Majority of the positive cases in Udupi district have inter-state travel history to Maharashtra.

Mangaluru, Jun 21: The first flight chartered by Karnataka Sports and Cultural Club (KSCC) to repatriate stranded UAE Kannadigas today reached Mangaluru from Sharjah.

The Air Arabia flight with 173 passengers took off from Sharjah international airport around 6:00 am (UAE Time) and landed at Mangaluru International Airport at around 11.00 am (IST) on Sunday. 

The flight had 29 pregnant women, 16 children, 5 infants, senior citizens, people with medical emergencies and those who have lost jobs among others.
 
KSCC Manager Mr Shafi said that all the legal procedures were carried out smoothly. Charter flight was arranged only for the stranded Kannadigas.
 
KSCC had set up help desk to finalize list of passengers, given discounted ticket fare for needy passengers who cannot afford the full repatriation cost. Free PPE kits were distributed to all passengers along with snacks.

Meanwhile rapid tests for Covid-19 was conducted before departure and mandatory quarantine for all the passengers was arranged accordingly in 3 hotels in Mangaluru for a period of seven days.
 
KSCC office bearers Shafi, Althaf, Javed, Naseer and volunteers were present at airport during the flight departure. KSCC has expressed gratitude to Consulate General, DC of DK District, Umar U H and Ataullah Jokkate for their support.