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Nirbhaya case: Dec 16 rapists to hang, Supreme Court rejects review petitions of death row convicts

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Nirbhaya case accused

The Supreme Court on Monday upheld its judgment on the death sentence of three of the four convicts in the December 16, 2012 Delhi gangrape case that came to called also as the ‘Nirbhaya’ case after the name given to the victim.

A bench headed by Chief Justice Dipak Misra and comprising Justices Ashok Bhushan and R Banumathi, delivering its verdict on the pleas filed by Mukesh (31), Pawan Gupta (31) and Vinay Sharma (25), said the convicts had failed to point out “error” in the judgment. The court added that the convicts were heard elaborately during appeals and no grounds were made out for review of the verdict.

The fourth convict, Akshay Thakur (31), did not file a review plea. Advocate AP Singh, representing Akshay Thakur, had told PTI, “Akshay has not filed a review petition yet. We will be filing it.” He has been granted three weeks by the top court to do so.

Last year, the top court had upheld the death sentence awarded to the four convicts by the Delhi High Court and the trial court in the gangrape and murder of a 23-year-old paramedic student on December 16, 2012, in the national capital. The 23-year-old paramedic student, returning from a movie, boarded a chartered bus in New Delhi’s Saket area and was subsequently brutally raped and murdered by six people.

While one of the accused, Ram Singh, allegedly committed suicide in Tihar jail, another accused, a juvenile, was convicted by the juvenile justice and sent to three years in probation to a reform home. The juvenile, whose name is not known (legally, he cannot be named) is already out and has melted into the population, carrying his criminal mind and past. Ironically, the juvenile, who was said to be the most cruel of the lot in the murder, has also been given enough vocational training to support himself independently.

Backgrounder

While the 2012 Nirbhaya case has become the centrepiece of all judgments related to violence on women in India, the first instance of the Supreme Court’s capital punishment (to all four accused) verdict, delivered on May 5, 2017, went through several petitions.

While the Nirbhaya case saw expression of massive outrage, protests and a movement, in the six years since things appear to have taken a turn for the worse with gang rapes, torture and murders, even on girls as young as 8 (the Kathua gang rape and murder case) as horrific as the Nirbhaya case and more, have been reported from across the country.

The general perception was that deterrent legal action was so slow in India that the fear of punishment has all but vanished. Today’s judgment could be one in a series of final verdicts that the public wants to be fast-tracked.

Timeline

December 16, 2012: 23-year-old paramedic student, now known as Nirbhaya, returning home with her friend in Delhi got a lift from a chartered bus (empty, except for driver and helpers) and is gang-raped, brutally assaulted by six men and dumped in a grievously injured state. Her friend was brutally beaten up and left for dead.

December 17, 2012: Delhi Police identify four men who raped and assaulted her — bus driver Ram Singh, his brother Mukesh, Vinay Sharma and Pawan Gupta. Doctors declared the woman suffered grave internal injuries.

December 18, 2012: Ram Singh and three others are arrested.

December 29, 2012: Nirbhaya succumbs to her injuries at Mount Elizabeth Hospital in Singapore where she was transported by the government for further treatment.

December 21, 2012: Accused juvenile is arrested from Anand Vihar bus terminal in Delhi. The woman’s friend identifies Mukesh as one of the culprits. Police conduct raids in Haryana and Bihar to nab the sixth accused, Akshay Thakur.

December 22, 2012: Akshay Thakur is arrested in Bihar and brought to Delhi. Victim records her statement before the SDM in hospital.

January 2, 2013: The then Chief Justice of India Altamas Kabir inaugurates fast track court for speedy trial in sexual offence cases.

January 3, 2013: Police files charge-sheet against five adult accused for offences including murder, gang rape, attempt to murder, kidnapping, unnatural offences and dacoity.

February 28, 2013: Juvenile Justice Board (JJB) frames rape, murder charges against the juvenile accused.

March 11, 2013: Bus driver Ram Singh is found hanging in his cell in Tihar jail.

August 31, 2013: JJB convicts the juvenile for gang rape and murder and awards three years term at a probation home.

September 13, 2013: Fast track court awards death to all four convicts. Trial court refers the case to Delhi High Court for confirmation of death sentence.

March 13, 2014: The Delhi High Court justices Reva Khetrapal and Pratibha Rani uphold the death sentences awarded to the four convicts.

December 18, 2015: Delhi High Court refuses to stay the release of the juvenile. He walks out of a correction home after spending three years.

April 3, 2016: Supreme Court begins hearing in the case.

April 8, 2016: Senior advocates Raju Ramchandran and Sanjay Hegde appointed amicus curiae.

May 5, 2016: SC upholds death penalty of four accused – Akshay Thakur, Vinay Sharma, Pawan Gupta and Mukesh Singh.

November 7, 2016: Advocate Raju Ramchandran argues for sentencing order to be set aside.

November 28, 2016: Advocate Sanjay Hegde argues against reliability of evidence in the case.

February 3, 2017: Supreme Court decides to rehear the case on the sentencing aspect, after the petitioners contend that there has been violation in procedure.

March 6, 2017: All the accused submit additional affidavits in court.

March 27, 2017: The SC reserves verdict after nearly a year of hearing the case.

May 5, 2017: The Supreme Court pronounces judgement in the case upholding the death sentence of all 4 accused.

November 13, 2017: The convicts appeal to the Supreme Court to review their sentence claiming that it was cold-blooded killing in the name of justice.

May 4, 2018: Supreme Court upholds the order on the plea of two convicts seeking a review of its 2017 verdict upholding the death penalty awarded to them.

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Manipur: Congress hits back at BJP chief Nadda’s letter to Kharge

Ramesh emphasised that Nadda’s letter is replete with inaccuracies and reiterated that the people of Manipur long for normalcy, peace, and harmony.

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The Congress on Friday lashed out at BJP president JP Nadda’s accusations that the Opposition party was promoting a politically motivated narrative concerning the situation in Manipur.

The grand old party described Nadda’s letter to Congress chief Mallikarjun Kharge as a 4D exercise, which means denial, distortion, distraction, and defamation.

Nadda, responding to Kharge’s call for President Droupadi Murmu’s intervention and his claims of the Centre’s total failure in managing the crisis, claimed that the consequences of Congress’s “abject failure” in handling local issues in Manipur during its governance are still being felt today.

Responding to Nadda, Congress General Secretary for Communications Jairam Ramesh stated, “Congress President Kharge ji wrote to the President of India on Manipur. Apparently, to counter that letter, the BJP President has now written to the Congress President.”

Ramesh emphasised that Nadda’s letter is replete with inaccuracies and reiterated that the people of Manipur long for normalcy, peace, and harmony.

He noted that they are posed with four critical questions: When will the Prime Minister visit the state? How much longer will the Chief Minister remain in office despite lacking majority support? When will a full-time Governor be appointed? And when will the Union Home Minister be held accountable for his failures in Manipur?

Nadda expressed astonishment at the Congress’s ongoing efforts to sensationalize the situation in Manipur, pointing out that Kharge appeared to overlook the fact that his party’s past government had legitimized the illegal migration of foreign militants to India, during which former Home Minister P Chidambaram had signed relevant treaties.

On Tuesday, Kharge had written to President Murmu regarding the worsening conditions in Manipur, requesting her immediate intervention to ensure that the citizens of the state can live peacefully and with dignity.

In his two-page letter, Kharge accused both the Union and Manipur state governments of “completely failing” to restore peace and normalcy over the past 18 months, resulting in a loss of public confidence in their leadership.

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Rahul Gandhi is right, Gautam Adani should be arrested: RJD president Lalu Yadav

“Rahul Gandhi is right. Adani should be arrested,” said Prasad, who is an old ally of the Congress and a staunch opponent of the BJP, to which Adani is said to be close.

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RJD president Lalu Prasad Yadav on Friday spoke in support of Congress leader Rahul Gandhi’s demand for immediate arrest of Gautam Adani, after the Industrialist was charged in the US for alleged bribery and fraud.

Gandhi, the Leader of Opposition in the Lok Sabha, said on Thursday that Gautam Adani should be arrested immediately, and his protector Madhabi Puri Buch should be investigated

The former Congress chief claimed that the recent developments vindicate his long-standing allegations against Gautam Adani. He took a sharp dig at Prime Minister Narendra Modi and alleged that Modi is protecting Adani, and is also involved in corruption. 

Yadav, the former chief minister of Bihar, was responding to queries from journalists here about Gandhi’s statement on the previous day, in the backdrop of charges of bribery and fraud against the Adani group in the US.

“Rahul Gandhi is right. Adani should be arrested,” said Prasad, who is an old ally of the Congress and a staunch opponent of the BJP, to which Adani is said to be close.

The RJD supremo, who incidentally has been convicted in several fodder scam cases and is on bail, was also asked about prospects of the INDIA bloc, of which his party is a part, in Jharkhand, where the counting of votes for assembly polls is scheduled on Saturday.

Speaking to PTI, the ailing septuagenarian replied, “I would like to remain focused on my statement that Adani must be arrested. I am not worried much about a new government (in Jharkhand) where we are already in power.” Jharkhand witnessed a straight battle between the INDIA bloc and the BJP-led NDA, which included the JD(U) headed by Nitish Kumar, Prasad’s arch-rival and the current Chief Minister of Bihar.

Addressing a press conference on Thursday, Gandhi further said that Chief Ministers have been jailed for scams of Rs 10-15 crore, but Adani, who has committed a scam of Rs 2000 crore is walking free.

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Cash for votes row: BJP leader Vinod Tawde sends legal notice to Rahul Gandhi, Mallikarjun Kharge, asks them to apologise or face defamation

The BJP leader said the allegations against him were false, baseless and made with malafide intentions.

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Cash for votes row: BJP leader Vinod Tawde sends legal notice to Rahul Gandhi, Mallikarjun Kharge, asks them to apologise or face defamation

BJP leader Vinod Tawde, accused of distributing cash to influence voters, has sent a legal notice to Congress leaders Mallikarjun Kharge, Supriya Shrinate and Rahul Gandhi over the controversy. The BJP leader has demanded their apologies or face a Rs 100-crore defamation case.

Vinod Tawde’s legal notice came after regional party Bahujan Vikas Aghadi (BVA) leader Hitendra Thakur on Tuesday accused him of distributing Rs 5 crore at a hotel in Virar in Palghar district, 60 km from Mumbai, to woo voters.

In the legal notice, the BJP leader said the allegations against him were false, baseless and made with malafide intentions. He claimed that he demanded an apology from the three Congress leaders for their remarks against him in the cash-for-votes row or he would be forced to initiate criminal proceedings against them.

Just a few hours before the Assembly Elections, a video went viral on Tuesday showing BVA workers storming into the hotel in Palghar during a meeting between Vinod Tawde and Rajan Naik, the BJP candidate from the Nalasopara seat. The BVA workers alleged that Tawde was caught red-handed with Rs 5 crore cash.

In the viral video, the BVA workers were seen taking out bundles of cash from a bag, while Tawde was sitting at a distance. The BVA workers also took pictures and videos of him on their phones. Amid these allegations, BVA leaders said that Rs 5 crore cash was distributed, an election official on Tuesday said Rs 9.93 lakh cash was recovered from the hotel rooms.

However, Vinod Tawde denied the allegation, saying he was only providing guidance to party workers on poll procedures and said he was not stupid enough to distribute money at his opponent’s hotel. Speaking to the media, he said that the Vivanta Hotel is owned by the Thakurs, and he is not stupid to go to their hotel and distribute money there.

The Police registered two FIRs against Tawde, BJP candidate Naik and others in connection with the controversy. Additionally, the Election Commission filed three FIRs against Tawde.

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