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 4,2024

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Shah Rukh Khan, the Bollywood superstar once known for being a chain smoker, has revealed that he has finally kicked the habit. The revelation came during an event organized by his fan clubs in Bandra to celebrate his 59th birthday on Saturday. 

In a video shared by fans on X, Shah Rukh mentioned, "There’s a good thing – I’m not smoking anymore, guys. I thought I wouldn’t feel so breathless after quitting, but I still do. Inshallah, that will also improve."

The actor has faced criticism for his smoking in the past, most notably in 2012 when he was seen smoking during an IPL match between his team, Kolkata Knight Riders, and Rajasthan Royals. Shah Rukh was fined a modest Rs 100 after pleading guilty in court in Jaipur for smoking in public.

During the same event, Shah Rukh held an Ask SRK session where fans asked questions. One fan inquired about what he has learned from his children. In his signature witty style, Shah Rukh recounted his birthday morning with charming anecdotes: "I woke up late after a dinner last night, spent time with my little one whose iPad wasn’t working, then my daughter had issues with her outfits... and then my elder son." The actor’s relatable details entertained the crowd, as always.

Shah Rukh went on to say, "I learn a lot from my family. The more children you have, the more patient you become! That’s what I carry with me to work – patience, love, and care. Whether at home, on set, or in the office, I’m there to fix things for everyone. Patience is the biggest lesson my family has taught me."

Shah Rukh Khan’s career continues to soar after an impressive comeback, with blockbuster hits like Pathaan and Jawan. His recent film Dunki received a more mixed response from the audience.

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News Network
November 14,2024

Bengaluru: Karnataka Deputy Chief Minister D K Shivakumar on Thursday backed Chief Minister Siddaramaiah over his claim that the BJP had offered Rs 50 crore each to 50 Congress MLAs in an attempt to "topple" the state government.

Addressing reporters here, Shivakumar, also the Congress state president, said, “The BJP indeed lured 50 Congress MLAs with Rs 50 crore each.”

He defended Siddaramaiah’s statement and said the Congress MLAs were briefed about the BJP’s alleged 'Operation Lotus', a term used to describe the BJP's attempts to destabilise ruling governments through horse-trading.

“Some of our MLAs informed the Chief Minister about this matter, and he, in turn, shared it with the media,” Shivakumar said.

At an event in Mysuru, Siddaramaiah reiterated the claim that "none of the Congress MLAs had accepted the offer".

He also accused the BJP of filing false cases against him in a bid to "remove him and overthrow his government".

The BJP has yet to respond to the allegations.

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News Network
November 7,2024

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Mangaluru, Nov 7: In the quiet village of Tippunagar, Loretto Padavu, a heartbreaking accident claimed the life of three-year-old Aashika on Wednesday, leaving a family and community shattered.

Aashika, the beloved daughter of Unais from Pattanabailu near Farangipet, was simply enjoying a carefree moment, playing outside her grandmother’s house. It was then that an unimaginable tragedy struck: a parked goods tempo, owned by her uncle, unexpectedly rolled backward, trapping the innocent child beneath its wheels.

Despite her family’s desperate rush to get her to the hospital, little Aashika’s injuries proved too severe, and she was declared dead upon arrival. Her passing has cast a deep shadow over the close-knit community, who grieve alongside her family for the life taken too soon.

The Bantwal traffic police have registered a case and are investigating the incident, while the community mourns the loss of a precious young soul who had only just begun to experience life’s wonder.
 

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