When top judges say democracy is at stake, media focus on Sunny Leone

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.

Mangaluru, Jun 19: Mohammad Haneef Guddemane, a cattle trader, who was thrashed by the miscreants of Bajrang Dal while legally transporting cattle last weekend, today appeared before media and demanded appropriate action against the assailants.

The attack took place on June 14 at Urwa in the city when he was transporting four buffalos along with all necessary documents. The attack was also captured on a CCTV camp. 

The victim, who addressed a press conference today, said that it was not the first time he is transporting cattle as into animal and husbandry for years. 

“I had bought 10 she-buffaloes on June 13 from Ranennur and obtained certificate from the local government veterinary doctor after which the animals were brought to my village,” said Haneef, who is a resident of Jokatte on the outskirts of the city. 

He said that he was transporting four out of the ten she buffaloes he had bought to the slaughterhouse at Mangaluru on June 14 when a gang of around 15 members which intercepted his vehicles near Urwa police station dragged him out of the vehicle, rained abusive words at him, made blasphemous remarks about his religion, and hit him with a helmet besides kicking him. 

He said that three of the assailants were armed with sabre, iron rod and wooden sticks. 

"They also tied me to the vehicle and assaulted. They also attacked me with their arms but I escaped. Their plan was to kill me. Fortunately, the police reached the spot and the assailants escaped. However, they thoroughly damaged my vehicle and robbed Rs 7,800 I had with me. I got treated at Highland Hospital in the city," he stated.

Expressing shock over the soft corner approach of the police towards the assailants, he said that only six of around 15 attackers were booked by the police. 

“All the accused were let off by the police after registering petty cases. Ironically, the police had not recorded my statement. On the day of attack, they had asked me to sign on a paper. It contained the complaint written by themselves. Hence, on June 17 I visited the Urwa police station and recorded my statement,” he said.

He said that even though he has all the documents pertaining to the cattle that he had purchased, the police had registered false cattle theft charge against him. 

Former city mayor K Ashraf, Hyder, bother of the victim and Shamsuddin, Jokatte gram panchayat vice president were present at the press meet.

Also Read: Mangaluru: Bajrang Dal men thrash cattle trader after waylaying buffalo-laden vehicle

Mysuru, Apr 9: The Administrative Training Institute (ATI) here was all set to impart training through online to Taluk Panchayat and the Gram Panchayat officials on tackling the deadly virus COVID-19, which was spreading like wildfire.

The Disaster Management Centre of ATI would conduct the training through Zoom application. Taluk Panchayat Executive officers and officials of the Gram Panchayats were invited to undergo training sessions.

District Vector-borne Diseases Control officer S Chidambar and World Health Organization representative Dr Sudhir Nayak would conduct sessions on handling the situation in rural region. The officials from 102 TP/GP Panchayats from 16 districts will attend the programme, on Thursday.