Nirbhaya case: Supreme court to hear the plea on Jan 14

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Highlights 

  • The Supreme Court is going to examine the petitions filed by Nirbhaya case convicts on January 14.
  • The petitions were filed on January 9. These came after the decision of Delhi Sessions court of the execution of all the convicts of the case on 22nd January.

Details on Nirbhaya case

A five-judge bench led by Justice N.V. Ramana will examine the petitions filed by two convicts in the 2012-Nirbhaya case. However, the petition will be examined on January 14.

The other judges on the bench are Justice Arun Mishra and Rohinton Nariman. Also, includes R. Banumathi and Ashok Bhushan. So, the judges will examine the petitions in their chambers at 1.45 pm. And decide to accept or reject them.

The curative petitions were filed by the convicts two days back. These petitions came days after a Delhi Sessions court scheduled the execution of the convicts on 22nd January at Tihar Jail.

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The convicts in curative petitions stated that there has been a major change in death penalty jurisprudence since their convictions. They said that not considering the changes in the law against the death penalty would be a gross miscarriage of justice.

Curative is a solution devised by the Constitutional bench in its verdict in Rupa Ashok Hurra Case in 2002.

A party can take only two limited grounds in a curative petition- one, that he was not heard by the court before the judgement and second that the judge was biased.

A curative petition is followed by review petition. In the plea, the convict said that the apex court had commuted the death penalty in a lot of cases since 2017. When the death penalty was announced in their case.

Supreme court Judgement

The Supreme Court had recently dismissed a review petition filed by one of the four convicts. The court had to reject the plea to grant him three weeks’ time to file a mercy petition before the President of India.

A Bench led by Justice Banumathi said that it was open for the Nirbhaya convicts to avail whatever time the law prescribes for purpose of filing mercy plea.

Singh, Mukesh, Pawan Gupta and Sharma had brutally gang-raped a 23-year-old paramedical student in moving bus on December 16. She succumbed to her injuries a day later.

The case had shaken the entire nation. One of the accused had allegedly committed suicide in the Tihar Jail. A juvenile, among the convicts, was convicted in Juvenile Board. He was released from a reformation home after three years.

 

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