Law

Nirbhaya Case: SC Dismisses Curative Petitions Filed by Two Convicts

The five judges came to a unanimous stand that there was no merit in the curative petitions, the last legal remedy available.

New Delhi: The Supreme Court on Tuesday dismissed the curative petitions filed by two of the four death row convicts in the 2012 Nirbhaya gangrape and murder case.

A five-judge bench headed by Justice N.V. Ramana rejected the curative petitions filed by Vinay Sharma (26) and Mukesh Kumar (32).

The proceedings were conducted in-chamber. A curative petition is the last and final legal remedy available to a person and seeks a second review of the judgment of the Supreme Court. The practice was first allowed by the apex court in 2002, in the Rupa Ashok Hurra v. Ashok Hurra case.

A curative petition doesn’t automatically grant a right to a second review and certain requirements must be fulfilled for the court to allow the petition. These include establishing that there was a genuine violation of principles of natural justice or proving an allegation of bias against the judge or judges who heard the case.

The five judges came to a unanimous stand that there was no merit in the curative petitions filed by the two condemned petitioners.

“The applications for stay of execution of death sentence are also rejected. We have gone through the Curative Petitions and the relevant documents. In our opinion, no case is made out within the parameters indicated in the decision of this court in Rupa Ashok Hurra vs. Ashok Hurra & Another, reported in 2002 (4) SCC 388. Hence, the Curative Petitions are dismissed,” the bench said.

The other members of the bench were Justices Arun Mishra, R.F. Nariman, R. Banumathi and Ashok Bhushan.

Vinay and Mukesh had filed curative petitions on January 9.

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A Delhi court had on January 7 issued death warrants against the four convicts and said they would be hanged on January 22 at 7 am in Tihar jail.

Two other death-row convicts, Akshay Kumar Singh (31) and Pawan Gupta (25), had not filed curative petitions.

A 23-year-old paramedic student, referred to as Nirbhaya, was gang-raped and brutally assaulted on the intervening night of December 16-17, 2012, in a moving bus in south Delhi by six people before being thrown out on the road. She died on December 29 at Mount Elizabeth Hospital in Singapore.

The Supreme Court had in 2017 upheld the capital punishment awarded to them by the Delhi High Court and a trial court.

One of the six accused in the case, Ram Singh, allegedly committed suicide in Tihar Jail.

A juvenile, who was among the accused, was convicted by a juvenile justice board and was released from a reformation home after serving a three-year term.

On July 9, 2018, the apex court had dismissed the review pleas filed by three of the convicts in the case, saying no grounds had been made out by them for review of the 2017 verdict.

(With PTI inputs)

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