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.

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News Network
March 1,2025

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After a dramatic confrontation between former US President Donald Trump and Ukrainian President Volodymyr Zelensky at the White House, Russian officials and state media expressed satisfaction, viewing the exchange as a major political shift.

Following the heated meeting, which ended with Zelensky abruptly leaving, Russian Foreign Ministry spokeswoman Maria Zakharova praised Trump's "restraint" for not physically assaulting the Ukrainian leader. "I think Zelensky's biggest lie was his claim that Kyiv was alone in 2022 without support," Zakharova wrote on Telegram. She further added, "How Trump and Vance held back from hitting that scumbag is a miracle of restraint," criticizing Zelensky for "biting the hand that feeds him."

Dmitry Medvedev, Russia's Security Council deputy head and former president, issued the most scathing remarks, calling Zelensky an "insolent pig" who had received "a proper slap down in the Oval Office." Medvedev declared, "For the first time, Trump told the cocaine clown the truth: the Kyiv regime is playing with World War III. And the ungrateful pig got a strong slap on the wrist from his masters. This is useful but not enough—we must stop military aid to the Nazi machine."

Kirill Dmitriev, head of the Russian Direct Investment Fund and a key Russian-American negotiator, described the exchange as "historic" and suggested it reflected a shift in US foreign policy. Meanwhile, Yevgeny Primakov, head of Russia's Agency for International Humanitarian Cooperation, accused Zelensky of attempting to provoke violence in response to the confrontation. "The Kyiv regime thrives on bloody provocations," Primakov wrote on Telegram, speculating that Ukraine might stage an attack to blame Russia and regain Western sympathy.

Russian state media amplified these sentiments, with RT posting on X (formerly Twitter): "Zelensky sits with hands between legs as US President and VP hammer him."

While European leaders expressed support for Zelensky, Hungarian Prime Minister Viktor Orban, a long-time Putin ally, sided with Trump. Orban praised the former US president’s stance, writing on X: "Strong men make peace, weak men make war." He commended Trump for "bravely standing for peace, even if it was difficult for many to digest."

The Oval Office clash highlighted growing tensions between Washington and Kyiv over Trump’s push for a ceasefire in the ongoing Russia-Ukraine war. During the meeting, Trump accused Zelensky of being "disrespectful" and warned, "You have no right to dictate how we should feel. You are gambling with World War III."

Trump further cautioned, "I have empowered you to be a tough guy. You either make a deal, or we're out. You don't have the cards." Vice President J.D. Vance also rebuked Zelensky, saying he had never acknowledged the extensive US aid provided to Kyiv.

The confrontation, witnessed by reporters, resulted in the abrupt cancellation of a scheduled press conference. Trump later criticized Zelensky on Truth Social, calling him "disrespectful" and unwilling to negotiate peace.

Before the meeting, Kremlin spokesman Dmitry Peskov reiterated Russia’s willingness to engage in diplomatic talks with the US, emphasizing the importance of mutual respect. "We seek dialogue not only with the US but with all nations, based on mutual respect and benefit," Peskov stated, dismissing the notion that diplomacy should be dictated solely by strength, a criticism often directed at Trump’s foreign policy approach.

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Agencies
February 20,2025

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The Palestinian Hamas resistance movement hands over the bodies of four Israeli captives, killed in the regime's strikes on the besieged Gaza Strip to the International Committee of the Red Cross.

The handover, part of the ceasefire agreement between Hamas and the Tel Aviv regime, was carried out in Khan Yunis on Thursday, with Hamas saying that the move reflects its commitment to consolidate the ceasefire for long-term peace in the war-ravaged Palestinian territory.

According to the movement, all four captives, a mother and her two children and an elderly journalist, were killed in the Israeli airstrikes during the 15-month genocide war that killed at least 48,284 Palestinians, mostly women and children, in the small coastal territory.

"To the families of Bibas and Lifshitz: We would have preferred your sons to return to you alive, but your army and government leaders chose to kill them instead of bringing them back," Hamas said in a statement.

"They killed with them: 17,881 Palestinian children, in their criminal bombardment of the Gaza Strip, and we know that you know who is truly responsible for their departure. You were the victim of a leadership that does not care about its children."

Hamas said the Israeli army killed the captives by bombing their detention centers, and that the regime of prime minister Benjamin Netanyahu bears full responsibility after repeatedly obstructing the exchange agreement. 

"The criminal Netanyahu is crying today over the bodies of his prisoners who returned to him in coffins, in a blatant attempt to evade responsibility for their killing in front of his audience."

Hamas said it did everything in its power to protect the prisoners and preserve their lives, "but the barbaric and continuous bombing by the occupation prevented them from being able to save all the prisoners".

On Saturday, Hamas said it would also release six more live captives in return for hundreds of Palestinian prisoners that include half of the women and children abducted by the occupying regime during the genocide.

The handover came just a day after the resistance movement announced that it is ready to release all Israeli captives in a single swap during the second phase of the Gaza truce deal.

"We emphasize that the exchange is the only way to return the prisoners alive to their families, and any attempt to bring them back by military force or return to war will only result in more losses among the prisoners," Hamas said in its Thursday statement. 

Israel and Hamas are currently in the process of implementing the first phase of the truce, which began on January 19. Since then, 19 Israeli captives have been released in exchange for more than 1,100 Palestinians.

After the completion of the first phase, 58 captives will remain in Gaza. The Israeli military says 34 of the remaining captives are dead.

Prior to Al-Aqsa Flood operation in October 2023, approximately 5,200 Palestinians were held in Israeli prisons. According to Palestinian officials, that number has since increased to over 10,000.

The occupying entity failed to achieve its declared objectives of freeing captives and eliminating Hamas despite killing at least 48,284 Palestinians, mostly women and children, in Gaza.

The ceasefire is divided into three phases, each lasting 42 days. In the first phase, which is currently underway, 33 Israeli captives will be freed in exchange for approximately 2,000 Palestinian detainees held in the regime’s prisons.

Despite Hamas fully committing to the ceasefire deal, Israel has restricted the delivery of humanitarian aid, including shelters, and blocked the entry of heavy machinery into the besieged strip, hindering the clearance of rubble from destroyed infrastructure.

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Agencies
February 20,2025

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First-time MLA Rekha Guptatook took oath as Delhi’s ninth Chief Minister on Thursday (February 20, 2025) at an event in the iconic Ramlila Maidan in the presence of Prime Minister Narendra Modi, Union Home Minister Amit Shah, Bharatiya Janata Party (BJP) president J.P. Nadda, and Chief Ministers and Deputy CMs of the National Democratic Alliance (NDA)-ruled States.

Lieutenant Governor of Delhi V K Saxena administered the oath of office and secrecy.

BJP's Parvesh Sahib Singh, Ashish Sood, Manjinder Singh Sirsa, Ravinder Indraj Kapil Mishra and Pankaj Kumar Singh also take oath as ministers in CM Rekha Gupta-led Delhi Government.

Rekha Gupta from Shalimar Bagh was chosen as the Leader of the House in the Delhi Assembly at the BJP legislature party meeting on Wednesday. The party has returned to power in Delhi after over 26 years, ending the 10-year rule of the Arvind Kejriwal-led AAP.

Born in Haryana's Julana, Gupta is a BCom graduate from Delhi University's Daulat Ram College. She later earned a law degree from Chaudhary Charan Singh University, Meerut, and also practised as an advocate.

Gupta, who has had a 32-year association with the RSS, began her political journey with the Akhil Bharatiya Vidyarthi Parishad (ABVP) at Delhi University's Daulat Ram College in 1992. In 1995-96, she was the secretary of the Delhi University Students' Union and was its president in 1996-97.

In 2002, she joined the BJP and has been the national secretary of the party's youth wing. Gupta has also served as the BJP's women wing in charge in Madhya Pradesh and Uttar Pradesh.

She is also the national vice-president of BJP Mahila Morcha.

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