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.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 29,2025

mangalurulynch.jpg

Mangaluru: Karnataka Home Minister Dr. G. Parameshwara has expressed concern over the mob lynching of an unidentified man in Mangaluru, in which several Hindutva activists have been arrested. The incident took place on April 27 near Bhatra Kallurti Temple in the Kudupu area on the outskirts of the city.

“Even if someone uttered offensive slogans, violence is not acceptable. The law must take its own course — taking matters into one’s own hands is completely wrong,” the Home Minister said, calling the act "deeply concerning."

He also urged the public to remain calm and avoid speculation. “We still don’t know if the victim was a local or from outside Karnataka. I appeal to everyone to maintain peace and communal harmony.”

What Happened

The incident occurred around 3 PM on Sunday, during a cricket tournament that involved ten teams and more than 100 players. The accused have reportedly told the police that the victim shouted "Pakistan Zindabad" — a claim now central to the investigation. A physical altercation began between the man and a local youth named Sachin (26), which quickly escalated into a violent group assault.

Eyewitnesses said while some bystanders tried to intervene, others in the crowd beat the man with sticks and kicked him repeatedly. The body was discovered near the temple later in the day, around 5:30 PM, prompting a police alert.

Post-Mortem Reveals Brutality

Initially, police did not observe major visible injuries and suspected a natural death. However, further investigation and a post-mortem at Wenlock District Hospital revealed that the man had died from internal bleeding and shock due to multiple blunt-force injuries, especially to the back, limbs, genitals, and buttocks. The injuries were consistent with an assault using wooden logs.

“This was a brutal and unprecedented case,” said Mangaluru Police Commissioner Anupam Agarwal. “We have not seen anything of this nature in the city before. The victim received no medical attention, and that proved fatal.”

Arrests and Legal Action

As of now, 15 individuals — including Sachin — have been arrested, all from Kudupu, Neermarga, Vamanjoor, and surrounding areas. The First Information Report (FIR), filed by local resident Deepak Kumar (33), names 19 individuals, with police expecting the number of accused to grow as they analyze CCTV footage and mobile data.

Authorities estimate that around 25 people were involved in the lynching. Given the number of attackers, the case has been registered under Section 103(2) of the Bharatiya Nyaya Sanhita, which specifically addresses mob lynching. The section allows for life imprisonment or death penalty for those found guilty.

“Everyone involved will be brought to justice. We will apply the strictest legal provisions,” Commissioner Agarwal stated.

Motive Under Investigation

While some arrested individuals claim the lynching was triggered by the man shouting pro-Pakistan slogans, the authorities have not yet confirmed the authenticity or context of those claims. The identity of the victim remains unknown, and forensic teams are working to establish his background and possible connections to the local area.

Police have emphasized that the investigation is ongoing and urged the public to refrain from circulating misinformation or communal narratives.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 28,2025

sharjah1.jpg

On April 27, 2025, the Consulate General of India in Dubai and the Northern Emirates, in partnership with Ekata (Unity) and Aim India Forum, organized a vital health and financial awareness session at the PAN Gulf Labour Camp in Sharjah, UAE.

This event aimed to educate blue-collar workers on important health and financial matters, providing them with practical information to better manage their well-being and finances. Shaikh Muzaffer, the Founder President of Aim India Forum, expressed his gratitude to Mr. Anshul Gupta, CEO of Pan Gulf International Metals Industries UAE, for facilitating the platform, and to Dr. Satish Krishnan, Neurosurgeon at Al Qasimia Hospital Sharjah and President of the EKATA group, for his excellent coordination of the event.

The Consulate General of India invited the Aim India Forum to conduct informative lectures on various crucial topics, including financial scams, economic crimes, cyber fraud, SIM card fraud, and the dangers posed by fake recruitment agencies. Shaikh Muzaffer from Aim India Forum, alongside BCCI President Mr. Hidayath Addoor, also participated in a focused discussion on SIM card fraud and its risks.

The session concluded with important remarks from Shri Yatin Patel, the Deputy Consul General of India to Dubai. Shri Patel highlighted the significance of timely passport renewals and the need to protect passports as a form of identity. He also cautioned against scammers who target blue-collar workers, exploiting their identities to obtain illegal loans from banks. He urged all workers to remain vigilant and avoid falling prey to such fraudulent activities.

Mr. Deepak Dagar, Vice Consul for Labour and ICWF at the Indian Consulate, was also in attendance, adding valuable insights and contributing to the event’s success. This informative session provided blue-collar workers with essential knowledge to safeguard both their health and financial security in their daily lives.

sharjah3.jpg

sharjah2.jpg

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
May 9,2025

livecoverage.jpg

The Ministry of Defence has urged media outlets, digital platforms, and individuals to refrain from live coverage or real-time reporting of defence operations and troop movements.

Citing the risks to operational success and personnel safety, the Ministry highlighted past incidents — including the Kargil War, the 26/11 attacks, and the Kandahar hijacking — where premature information disclosure had severe consequences.

"Under Clause 6(1)(p) of the Cable Television Networks (Amendment) Rules, 2021, only authorised officials are permitted to release updates during anti-terror operations," the Ministry stressed. It called for responsible reporting and greater sensitivity towards national security concerns.

Meanwhile, Defence Minister Rajnath Singh chaired a high-level review of the country’s security situation on Friday (May 9, 2025) at South Block in New Delhi, following the foiled large-scale drone strike launched by Pakistan on Thursday.

The meeting was attended by senior military leadership, including Chief of Defence Staff General Anil Chauhan, Chief of Army Staff General Upendra Dwivedi, Chief of Naval Staff Admiral Dinesh K Tripathi, Chief of Air Staff Air Chief Marshal Amar Preet Singh, and Defence Secretary RK Singh.

The security review comes in the aftermath of Operation Sindoor, in which Indian Armed Forces struck nine terror infrastructures across Pakistan and Pakistan-occupied Kashmir on Wednesday, prompting Pakistan’s attempted retaliation.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.