Togadia staged ‘missing’ drama, faked illness, told lies: Gujarat police

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.

Bengaluru, Apr 28: Providing respite, Karnataka has decided to ‘conditionally’ allow economic activities to restart in green zones.

The green zones of Chamarajanagar, Koppal, Chikkamagaluru, Raichur, Chitradurga, Ramanagara, Hassan, Shivamogga, Haveri, Yadgir, Kolar, Davangere, Udupi and Kodagu will now see shops and industrial activities starting operations, according to an order issued by Chief Secretary TM Vijay Bhaskar on Tuesday.

Lockdown restrictions in the wake of COVID-19 will continue in Bengaluru Urban, Belagavi, Mysuru, Vijayapura, Bagalkot, Kalaburagi, Bidar and Dakshina Kannada. Here, only essential services and supplies will be allowed.

In green zones, all shops that include neighbourhood shops, standalone shops, shops in residential complexes within the limits of municipal corporations and municipalities can open with 50 per cent manpower but with masks and social distancing mandatory.

Shops in residential and marketing complexes are allowed to open in areas located outside municipal limits, the order states.

Multi-brand and single-brand malls will remain shut across Karnataka.

Industries operating in rural areas of these green zones (except Ramanagara) have been allowed to start. Also, manufacturing and other industrial establishments with access control in special economic zones and export-oriented units, industrial estates and industrial townships will be allowed to operate.

“These establishments shall make arrangements for stay of workers within their premises as far as possible and/ or adjacent buildings. The transportation of workers to workplace shall be arranged by the employers in dedicated transport by ensuring social distancing (sic),” Bhaskar said in the order.

This order comes a day after Chief Minister BS Yediyurappa participated in a video conference with Prime Minister Narendra Modi, and with all deputy commissioners.

No decision on relaxing lockdown restrictions has been taken for Ballari, Mandya, Bengaluru Rural, Gadag, Tumakuru, Chikkaballapur, Uttara Kannada and Dharwad. “The decision regarding opening of shops and industries in taluks where there are no active COVID-19 cases will be taken by the concerned district in-charge minister,” Bhaskar said.

Bengaluru, May 7: A 55-year old woman from Davanagere became the 30th COVID-19 related fatality in Karnataka, where a total number of infections has crossed 700-mark, with eight new positive cases being confirmed, the health department said on Thursday.

The deceased woman was a known case of diabetes and hypertension, she was admitted with a complaint of Severe Acute Respiratory Infection (SARI) and was on a ventilator, the department said in its mid-day situation update.

She died today at a designated hospital in Davanagere, it said.

"Eight new positive cases have been reported from last evening to this noon...

Till date 701 COVID-19 positive cases have been confirmed. This includes 30 deaths and 363 discharges," the update said.

The eight new cases reported include three from Davangere, indulging the deceased patient; also three from Kalaburagi, and one each from Hirebagewadi in Belagavi district and Bengaluru urban.

While four cases are contacts of patients earlier tested positive, three are with the history of Influenza-Like Illness (ILI) and one is a SARI case.

Five among eight new cases are women and three are men.