A 3-judge bench headed by Justice R Banumathi said there are no grounds to review the verdict
The Delhi government moved a court on Wednesday seeking fresh date for the execution of four convicts in the 2012 Nirbhaya gang rape and murder case. Additional sessions judge Dharmendra Rana directed the convicts to file their response by Thursday.
The Supreme Court on Saturday stayed till March 31 the execution of death penalty of two of the four convicts in the December 16 gangrape and murder case, a couple of days after the Delhi high court upheld their punishment awarded by the trial court.
The apex court said there was no ground to interfere with the high court order that rejected Pawan's plea and his claim was rightly rejected by the trial court as also the high court.
The Union home ministry on Friday forwarded to President Ram Nath Kovind the mercy petition of one of the convicts in the Nirbhaya gang rape case, recommending its rejection, officials said. Mukesh Singh, one of the four death row convicts in the 2012 Nirbhaya gang rape and murder case, had filed the mercy petition a few days ago.
"The finality of death sentence is extremely important and a condemned prisoner should not be under the impression, that the death sentence remains open ended and can be questioned by them all the time," the SC said.
The Supreme Court is scheduled to resume hearing on Thursday a clutch of petitions challenging the remission granted to all 11 convicts in the Bilkis Bano gang-rape case and murder of seven of her family members during the 2002 Gujarat riots.
Muhammed Ameerul Islam was found guilty for raping and murdering the 30-year-old Dalit law student in Kerala last year.
Gulshan Kumar, also known as the 'Cassette king', was shot dead in August 1997 outside a temple in suburban Andheri.
The Supreme Court on Monday stayed the Kerala high court order rejecting NCP leader Mohammed Faizal's petition seeking suspension of his conviction in an attempt to murder case, an order which may lead to revocation of his disqualification as Lok Sabha MP for a second time.
Pawan is the only one among the four convicts who has not yet filed the curative petition -- the last legal remedy available to a person, which is decided in-chamber. He has not filed the mercy plea either.
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The Gujarat government was "complicit and acted in tandem with one of the convicts", the SC said.
The Supreme Court on Tuesday reserved verdict on a plea of one of the four death row convicts in the Nirbhaya gang-rape and murder case, challenging the rejection of his mercy petition by the President.
On Wednesday, the court had convicted Mohammad Saif, Mohammad Sarwar Azmi, Mohammad Salman and Saifurrehman. Another accused, Shahbaz Hussain, was acquitted with the court giving him the benefit of the doubt. The serial blasts rocked Jaipur on the evening of May 13, 2008 within a two-kilometre radius in the walled city, popular also with tourists.
Haryana Jail Minister Ranjit Singh Chautala also said, "Gurmeet Ram Rahim is like every other prisoner here and he also has his fundamental rights."
The dera chief, who is serving a 20-year jail term for raping two disciples, was granted 40-day parole on January 20.
The fourth convict, Pawan Gupta, has not filed a curative petition, which he still can if he chooses.
The Lok Sabha Secretariat on Thursday revoked the disqualification of Bahujan Samaj Party leader Afzal Ansari as a member of the Lower House after the Supreme Court conditionally suspended his conviction in a Gangsters Act case.
Advocate A P Singh moved an application alleging that the jail authorities are yet to release the documents which are required to file curative petitions for Akshay Kumar Singh, 31, and Pawan Singh, 25.
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The Supreme Court on Thursday directed the Centre and the Gujarat government to submit by October 16 the original records related to the remission of sentence of 11 convicts in the Bilkis Bano gangrape case and murder of seven of her family members during the 2002 Gujarat riots.
Mehta told Justice Suresh Kait that convict Pawan Gupta's move of not filing a curative or a mercy petition is a deliberate, calculated inaction.
The petition sought recording of calls, documents and reports by an investigating agency like CBI and to declare that the convict has legal and constitutional rights to approach any court at any time even in the last minute of hanging.
The judge passed the order on the plea by the convicts seeking adjournment of the executions 'sine die'. The four were scheduled to be hanged on February 1 at 6 am. This is for the second time that the execution of the death warrants has been deferred.
Jail officials said that after the death warrants were issued, the convicts were asked when they would like to meet their respective families for the last time, but none of them has responded yet. They are scheduled to be hanged on February 1.
A bench of Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji was hearing a petition of the Shiromani Gurdwara Parbandhak Committee which had challenged the grant of temporary release to the Dera Sacha Sauda chief.
"When an authority does not have the jurisdiction to deal with a matter or it is not within the powers of the authority i.e. the State of Gujarat in the instant case, to be the appropriate Government to pass orders of remission under Section 432 of the CrPC, the orders of remission would have no legs to stand," it added.
The Kerala high court has acquitted 13 Rashtriya Swayamsevak Sangh workers in a case relating to the killing of a Communist Party of India-Marxist activist in Thiruvananthapuram in 2008, saying the prosecution had miserably failed to prove the incriminating circumstances against the accused.
The convicts can also avail the constitutional remedy of filing mercy pleas with the President.
A bench of Justices Arun Mishra and M R Shah held Singh's plea as not maintainable saying that the review petition and the curative petition have both been dismissed in the case.
The MHA's plea sought a direction from the top court in fixing the deadline for filing of curative pleas after the rejection of review petitions. The MHA submitted that the top court should 'mandate all the competent courts, state governments, prison authorities in the country to issue death warrant of a convict within seven days of the rejection of his mercy petition.
The brothers were booked under the UP Gangsters Act in connection with the murder of the then BJP MLA from Ghazipur, Krishnanad Rai, on November 29, 2005 and the kidnapping-murder of Varanasi-based trader Nand Kishore Rungta in 1997.
Ahsan Ullah Khan, the additional district and session judge of the MP-MLA court in Sonbhadra, also imposed a fine of Rs 10 lakh on Gond which would be used in the rape survivor's rehabilitation.
Manjunath (27), a sales officer with Indian Oil Corporation and a graduate from Indian Institute of Management, Lucknow, paid with his life for exposing an alleged petrol adulteration racket.
Gautam Gambhir on Tuesday hailed the court's order, saying that 'India's daughter gets justice.'
Kailash Dhobi is one of 11 persons convicted for murder and other offences, and is listed as accused number 1 by the SIT in the Gulberg society case in which 69 persons, including former Congress MP Ehsan Jafri, were killed.
With several state administrations flattening the houses of those involved in criminal cases with bulldozers, the Supreme Court on Monday questioned how can anybody's house be demolished just because he is an accused.
'Capital punishments have rarely acted as a deterrent. What we need to do is to make our society, our workplaces, our streets safe for women'
The four death row convicts in the Nirbhaya gang rape and murder case spent a restless and sleepless night. They were asked to take a bath but none of them did. All of them were served their last meal but one of them refused breakfast before being taken to the gallows, an official said.
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