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 1,2024

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Bengaluru, Nov 1: Hardline BJP leader and Vijayapura MLA Basanagouda Patil Yatnal wrote a letter to Prime Minister Narendra Modi to "Nationalise Waqf Assets", alleging Waqf board of "blatant violation" in claiming of the lands of Farmers, temples and mutts.

Taking to his social media, Basanagouda Patil Yatnal posted on X, saying "I have written a letter to the hon'ble PM Shri Narendra Modi ji to Nationalize the Waqf Assets in view of the arbitrary, blatant violation in claiming of the lands of Farmers, Landowners, Temples, Trusts and Mutts across the country by the Waqf board. All the citizens of the country have equal rights on the land. If the motive of Waqf is welfare and social service, this has to be done without bias and religious discrimination as India is a secular nation."

Additionally, Vijayapura MLA also attached the letter to Prime Minister Narendra Modi in his post.

Earlier, BJP MP Tejasvi Surya had accused the Waqf Board of encroaching on thousands of acres of farmers' lands with the support of the Karnataka government.

Surya stated, "There have been multiple press conferences and videos in the public domain where the Minister himself has admitted that these Waqf adalats are being conducted under the Chief Minister's instructions. This is a grave matter, where thousands of acres of farmers' lands are being encroached upon by the Waqf Board with the active support and collusion of the State Government."

He mentioned that, in recent days, farmers from various districts across Karnataka have reported that, without prior notice, ownership of their lands has been abruptly transferred to the Waqf Board.

Karnataka Minister Priyank Kharge criticised BJP MP Tejasvi Surya, claiming he has done nothing for Bengaluru. Kharge's remarks came in response to the BJP MP's accusations regarding Waqf Board land encroachment.

The Congress leader assured that the Karnataka government is committed to protecting farmers' properties.

Kharge further questioned the BJP's record on protecting temples during its previous government, stating that the Karnataka government is committed to safeguarding temples and common people's properties.

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coastaldigest.com news network
November 5,2024

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Mangaluru: The Karnataka Maritime Board (KMB) has initiated the groundwork for the much-anticipated Mangaluru Water Metro Project (MWMP). The project, which was first announced by Chief Minister Siddaramaiah during the state budget presentation, aims to introduce water-based public transport along the Gurupur and Netravathi rivers in Mangaluru.

The proposed Mangaluru Water Metro will follow in the footsteps of Kochi's successful Water Metro system, which has become a model for eco-friendly and efficient urban transport in India. The KMB will now conduct necessary feasibility studies to assess how this concept can be adapted to Mangaluru's unique geographical and urban landscape.

A 30-Kilometer Stretch Connecting 17 Key Locations
According to a senior officer from KMB, the project will span a 30-kilometer route that connects key points across the rivers and coastline. The water metro service will cover locations such as Bajal, Kulur Bridge, New Mangaluru Port, Sultan Battery, Tannirbhavi, Old Port, Hoige Bazaar, and Someshwar Temple. The service aims to link 17 important points, benefiting both daily commuters and tourists. This initiative not only seeks to reduce congestion in Mangaluru but also promises to boost tourism and recreational activities by providing an alternative mode of transport.

Focus on Eco-Friendly and Efficient Water Transport
The Mangaluru Water Metro will feature modern catamaran boats, which may be powered by electric or diesel engines. These boats will be equipped with essential amenities to ensure smooth and safe operations. The project’s emphasis on sustainability means that the boat fleet will be designed to minimize environmental impact, making water transport both eco-friendly and economically viable.

Feasibility Study to Shape Project Design
The initial feasibility report will cover several crucial aspects, including the placement of water metro stations. These locations will be chosen based on factors such as passenger demand, availability of land, connectivity to other transport modes, and sustainability. A detailed LiDAR (Light Detection and Ranging) survey will further aid in mapping the river routes and surrounding areas, providing precise data for the project’s planning phase.

In addition to assessing operational needs, the feasibility study will also project future demand for water metro services over the next 25 years. By exploring various scenarios, planners can ensure that the water metro is designed to accommodate both current and future user requirements.

Special Purpose Vehicle for Project Management
The report is expected to recommend creating a Special Purpose Vehicle (SPV) to manage the project. This independent entity would help secure funding, attract investors, and ensure professional oversight, enhancing the project's credibility and long-term viability.

What is the Mangaluru Water Metro Project?
The Mangaluru Water Metro Project aims to introduce a sustainable water-based public transport system to alleviate traffic congestion in the city and promote tourism. Inspired by the Kochi Water Metro, the project will create a seamless and eco-friendly transport option along the Gurupur and Netravathi rivers, covering key points across the city’s riverside and coastal areas.

Once operational, the Mangaluru Water Metro will offer a modern, efficient, and scenic alternative to road transport, helping transform urban mobility in the city while boosting tourism and reducing environmental impact.

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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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