Supreme Court dismisses curative petitions filed by 2 Nirbhaya convicts

New Delhi: The Supreme Court dismissed Tuesday 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 NV 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.

The five judges were unanimous that there was no merit in the curative petitions filed by the two condemned petitioners. Vinay and Mukesh had filed curative petitions January 9.

“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, RF Nariman, R Banumathi and Ashok Bhushan.

A Delhi court had January 7 issued death warrants against the four convicts and said they would be hanged on January 22 at 7.00am 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 gangraped 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 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.

Agencies

 

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