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
November 3,2024

Mangaluru, Nov 3: Mangaluru police have apprehended two individuals connected to a major online purchasing scam, seizing assets worth ₹11.45 lakh. The suspects, Raj Kumar Meena (23) and Subhash Gurjar (27), hail from Rajasthan and are accused of fraudulently acquiring high-value electronics through deceptive orders.

Background of the Case

According to City Police Commissioner Anupam Agrawal, the case began with a fraudulent order placed through an international e-commerce company. Using a false identity under the name "Amrith," the suspects ordered two high-end Sony cameras along with ten other items, directing the delivery to an address near the KSRTC bus stand in Mangaluru on September 21 at 4 p.m.

The Scam Unfolds

During delivery, Raj Kumar Meena received the items by providing a delivery OTP, while Subhash Gurjar reportedly distracted the delivery personnel. The suspects then executed a sticker-swapping tactic, replacing original Sony camera box labels with stickers from other items in the order to mislead the delivery team. Meena also intentionally provided an incorrect OTP, causing further confusion. The duo told the delivery agent they would collect the cameras the next day, then sent him away before cancelling the camera order.

Detection and Arrest

The unusual activity raised suspicions, and upon inspection, Amazon’s delivery partner, Mahindra Logistics, discovered the sticker swap and alerted Amazon. Subsequent investigations revealed that the suspects had taken the genuine cameras and left behind tampered boxes.

Upon deeper investigation, CCTV footage and other tracking methods led the police to identify and pursue the suspects as they attempted to flee the city. Meena was initially detained by the Salem police on October 4 for a similar scam and subsequently transferred to Urwa police custody in Mangaluru. Following his 13-day custody beginning on October 18, which included a thorough probe in both Mangaluru and Jaipur, Subhash Gurjar was apprehended on October 21.

Broader Criminal Network

The arrested individuals are allegedly part of a larger network, with involvement in at least 12 other high-profile cases. Their targets included high-end cameras, iPhones, and laptops, each costing over ₹10 lakh, with cases registered across states like Assam, Odisha, Maharashtra, Rajasthan, Telangana, Uttar Pradesh, Tamil Nadu, and Kerala.

The seized assets, valued at ₹11.45 lakh, have been presented to the court as evidence, and investigations continue as authorities seek to dismantle this organized fraud operation.

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News Network
November 6,2024

TRUMP.jpg

On the verge of a landslide win in the U.S. election, Republican presidential candidate Donald Trump delivered a powerful victory speech, calling it a "magnificent victory for the American people." Reflecting on the July 13 assassination attempt, Trump said, "God spared my life for a reason," underscoring his belief that his leadership has a higher purpose.

The 78-year-old is currently projected to secure 267 electoral votes, just three shy of the pivotal 270. His opponent, Vice President Kamala Harris, trails with 224 votes. Trump hailed his campaign as the "greatest political movement of all time," vowing, "We are going to help our country heal, fix our borders, and made history for a reason tonight. I will fight for you and your family with every breath in my body."

The Democrats face a formidable Republican lead, with Trump’s team predicting an ultimate tally of 315 electoral votes. A pivotal element in Trump's success was a sweeping takeover in key battleground states. From a Democratic lead of 6-1 in these areas during the 2020 elections, the scales shifted to a 7-0 advantage for Trump, with decisive wins in Georgia, Pennsylvania, and North Carolina and leads in Arizona, Wisconsin, Michigan, and Nevada.

The significance of this Republican victory deepens as the party also takes control of the Senate and holds a commanding lead in the House of Representatives race.

Trump expressed deep gratitude to his supporters, his running mate JD Vance, wife Melanie, and his children for standing by him throughout the challenging campaign. He also extended a special thanks to Tesla CEO and tech mogul Elon Musk, a prominent Trump supporter.

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News Network
November 7,2024

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In his victory speech, President-elect Donald Trump showered praise on Elon Musk, calling him an "amazing guy" and "super genius." The SpaceX CEO’s satellite internet project, Starlink, received special attention for its role in providing critical connectivity after Hurricane Helene. With Starlink’s success making waves, speculation grows: will Musk bring his revolutionary tech to India’s vast, underserved areas?

In India, Musk’s increasing proximity to Trump and the President-elect’s endorsement has sparked curiosity and anticipation. Although regulatory barriers have delayed Starlink’s entry since 2021, recent policy shifts by India’s Communications Ministry could turn the tide. Minister Jyotiraditya Scindia recently announced plans to allocate satellite spectrum administratively, a move welcomed by Musk, who pledged to "serve the people of India" through Starlink.

What Makes Starlink Unique?
Unlike traditional broadband reliant on cables, Starlink uses thousands of low-earth orbit satellites to provide high-speed internet. This innovative approach bypasses the need for miles of overhead or underground wiring, making it ideal for remote and rural areas. Launched in 2019, Starlink now serves over 4 million users globally, and its entry into India could be transformative in bridging the digital divide.

Starlink’s India Journey So Far
Musk’s ambitions for India began in 2021 with pre-order invitations, but the government halted progress, citing licensing requirements. However, with Scindia’s recent announcement, Starlink may soon navigate the regulatory landscape, potentially setting the stage for a significant market entry.

Showdown with India’s Telecom Titans
If Starlink is allowed in, it could mean intense competition for Indian telecom leaders Mukesh Ambani’s Jio and Sunil Bharti Mittal’s Airtel. Both companies argue that satellite spectrum should be auctioned to maintain a level playing field, especially if Starlink expands to urban areas, challenging their established services.

While Starlink advocates for affordable, widespread access, Indian telecom giants claim global players often leverage rural connectivity narratives for favorable conditions, potentially overshadowing local providers in urban markets. As the government’s decisions unfold, a tech-driven tug-of-war could reshape India’s telecom landscape, with Musk’s Starlink poised as a powerful new player.

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