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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.

Jan 18: To mark the 30th anniversary of the mass exodus of Kashmiri Pandits from the Valley, members of the community took to social media to post videos of themselves by narrating the "Hum Aayenge Apne Watan" dialogue from an upcoming flick, 'Shikara', with the hope that they would return to their homeland one day.

On January 19, 1990, lakhs of Kashmiri Pandits were forced to leave their homes in the Valley following a genocidal campaign launched by the terrorists.

Theatre actor Chandan Sadhu participated in the campaign and said that Kashmiri Pandits have shown "unimaginable resilience" and hope to return to the Valley soon.

"As Kashmiri Pandits complete 30 years in exile this weekend, let our cry for justice be finally noticed. We have shown unimaginable resilience, and today we resolve to return home. Kashmiri Pandit friends: please record this video statement and put it up with #HumWapasAayenge," Sadhu tweeted.

The #HumWapasAayenge is trending on Twitter as more and more Kashmiri Pandits joined in the campaign to narrate the "Hum Aayenge Apne Watan" dialogue and a pledge to return to their homes.

Noted political commentator Sunanda Vashisht tweeted a throwback image of herself and said that resolve to go back home has strengthened more.

"I don't have many pictures left of my childhood. Choosing between life and family albums is really no choice at all. When lives were rescued, family albums got left behind. 30 years have passed. Resolve to go back home has only strengthened. #HumWapasAayenge," she tweeted.

Radio personality Khushboo Mattoo tweeted a video repeating the dialogue from Shikara and tweeted, "Said this in a BBC interview three years back. And I am saying it again #HumWapasAayenge #Shikara."

Journalist Rahul Pandita also took to his Twitter and captioned his post saying, "30 years of exile from Kashmir. Let us now pledge that we will return home."

'Shikara' chronicles the exodus of Kashmiri Pandits from the Valley on the night of January 19, 1990. Helmed by Vidhu Vinod Chopra, the movie is slated to release on February 7.

Netizens have supported the initiative and have expressed solidarity with the Kashmiri Pandits.

In July last year, Home Minister Amit Shah said in the Rajya Sabha that the central government is committed to bringing Kashmiri Pandits and Sufis back to the Valley saying a time will come when they will offer prayers at the famous Kheer Bhawani temple.

"Kashmiri Pandits were forced to leave Kashmir. Many of their shrines were demolished. Sufism was targeted in Jammu and Kashmir. Sufism used to talk about unity and harmony but they were attacked. No voice was raised in favour of Kashmiri Pandits and Sufis when they were brutally attacked. Sufis used to talk about the unity among Hindus and Muslims but they were forced to leave the Valley. Narendra Modi-led government is committed to bringing back Kashmiri Pandits, he had said.

The Mata Kheer Bhawani temple is one of the holiest shrines of Kashmiri Pandits, located about 14 kilometres east of Srinagar.

Last September, a delegation of the Kashmiri Pandit community met the Prime Minister in Houston and thanked him for the historic decision to abrogate Article 370 that gave special status to Jammu and Kashmir.

Modi acknowledged the hardships endured by the community following their exodus from their ancestral homeland back in 1989-1990 due to militancy.

"You have suffered a lot, but the world is changing. We have to move ahead together and build a new Kashmir," the Prime Minister had told the delegation.

"I had a special interaction with Kashmiri Pandits in Houston," Modi had tweeted following the interaction.

In October, Union Minister Prakash Javadekar announced that the Centre has decided to provide compensation of Rs 5.5 lakh each to 5,300 displaced families from Pakistan-occupied Kashmir (PoK), who initially opted to move outside Jammu and Kashmir but later on returned.

These families were earlier left out in the rehabilitation package that was approved by the Cabinet on November 30, 2016.

The Prime Minister had announced a reconstruction plan for Jammu and Kashmir in November 2016. His plan included a rehabilitation package for a one-time settlement of 36,384 displaced persons' (DPs) families of PoK-1947 and Chhamb.

New Delhi, Jun 5: On World Environment Day, Prime Minister Narendra Modi on Friday urged citizens to ensure that the flora and fauna thrive and take a pledge to preserve our planet's rich biodiversity.

"On #WorldEnvironmentDay, we reiterate our pledge to preserve our planet's rich biodiversity. Let us collectively do whatever possible to ensure the flora and fauna with whom we share the Earth thrive. May we leave an even better planet for the coming generations," the Prime Minister tweeted.

He also shared a clip from his last 'Mann Ki Baat' programme where he mentioned about conservation of rainwater and protecting the rich diversity of nature.

"On June 5, the entire world will celebrate 'World Environment Day'. The theme for this year's 'World Environment Day' is bio-diversity. This theme is especially pertinent in the current circumstances. During lockdown in the last few weeks the pace of life may have slowed down a bit but it has also given us an opportunity to introspect upon the rich diversity of nature or biodiversity around us," the Prime Minister had said.

"Much of the avian fauna had sort of disappeared due to sound and air pollution, and now after years people can once again listen to their melodic chirping in their homes," he said.

The Prime Minister also said that water conservation, in particular the conservation of rainwater, is essential and exhorted everyone to strive for saving rainwater in the upcoming monsoons.