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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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Supreme Court questions Centre on inclusion of non-Muslims in Waqf Council

The Supreme Court on Tuesday posed tough questions to the Centre regarding the Waqf Amendment Act, particularly its stance on religious representation and land classification provisions.

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The Supreme Court of India, during a hearing on petitions challenging the Waqf Amendment Act, raised pointed questions to the Central government, specifically regarding the inclusion of non-Muslims in the Central Waqf Council. The bench asked whether a reciprocal arrangement—such as allowing Muslims to be part of Hindu religious boards—would be acceptable.

A bench headed by Chief Justice Sanjiv Khanna, along with Justices Sanjay Kumar and KV Vishwanathan, was hearing 73 petitions questioning the constitutional validity of the amended Waqf Act. The new legislation has been the subject of protests in various regions, mainly due to its redefined provisions, including the controversial concept of ‘Waqf by user’.

At the beginning of the session, the Chief Justice sought clarity from the petitioners on two fronts: whether the case should be sent to a High Court and what specific legal arguments they aimed to raise in the Supreme Court.

Senior Advocate Kapil Sibal, representing one of the petitioners, argued that several provisions of the amended law infringe upon Article 26 of the Indian Constitution, which guarantees the right to manage one’s own religious affairs. He particularly criticized the extensive powers granted to the Collector under the new framework. According to Sibal, the Collector, being a government functionary, cannot also serve a quasi-judicial role, as it undermines the principle of separation of powers.

He also raised objections to the ‘Waqf by user’ provision—where a property may be declared as Waqf based solely on prolonged religious or charitable use, without formal documentation. While the amended Act now exempts disputed or government lands from being automatically classified as Waqf, the clause remains contentious.

The court’s query about the possible inclusion of Muslims on Hindu religious boards drew attention to what it called a lack of parity in religious governance. The top court hinted at the need for a balanced and non-discriminatory approach if religious representation is to be redefined through legislative changes.

The matter continues to evolve, with the Supreme Court yet to decide whether it will take up the entire batch of petitions or refer them to a High Court.

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21 police personnel injured in mob violence during Nashik dargah demolition

21 police officers were injured and 15 people detained after violence erupted during a high court-directed demolition of an unauthorised dargah in Nashik’s Kathe Galli area.

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Police vehicles damaged during Nashik demolition violence

In a violent turn of events during an anti-encroachment drive, 21 police personnel sustained injuries and three police vehicles were damaged in Nashik’s Kathe Galli area late Tuesday night. The incident occurred when a mob resisted the demolition of the unauthorised Satpeer Baba Dargah, which was being removed in compliance with a Bombay High Court directive.

Police resort to teargas and lathi-charge to restore order

According to Nashik Police Commissioner Sandeep Karnik, the situation escalated when a large crowd assembled at Usmania Chowk to oppose the dargah’s removal. The trustees of the religious structure had already begun the process of dismantling the structure earlier that night, but the gathering quickly turned violent, with stone-pelting directed at police and community leaders attempting to calm the crowd.

To disperse the mob, police deployed mild force, including lathi-charge and teargas shells. Despite the violence, authorities brought the situation under control by early morning, and the dargah was successfully removed around 6 am on Wednesday.

15 detained, 57 motorcycles seized; FIR process underway

Deputy Commissioner of Police Kirankumar Chavan confirmed that 15 individuals have been detained in connection with the violence. Additionally, 57 motorcycles believed to belong to suspects have been seized. An FIR is being filed against those responsible for the attacks.

Nearly 50 municipal personnel from the Nashik Municipal Corporation (NMC) participated in the demolition, aided by four excavators, six trucks, and two dumpers. Civic officials stated that the drive was a continuation of previous actions taken in February, during which several unauthorised structures around the dargah were removed.

Tensions over the site

The Satpeer Baba Dargah had been at the center of local controversy, with some residents and members of Hindu outfits previously demanding its removal, claiming it was an illegal structure. Nashik Central MLA Devyani Pharande had also raised concerns, stating that earlier demolition efforts were incomplete and that the site should be entirely cleared.

As of now, police officials report that the situation in the area remains peaceful and under control.

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National Herald row reignites BJP-Congress face-off amid ED chargesheet

BJP has reignited its attack on the Gandhi family, accusing them of a corporate conspiracy in the National Herald case, while Congress dismisses the ED action as a political vendetta by the Modi government.

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A political slugfest has erupted once again between the Bharatiya Janata Party (BJP) and the Congress following the Enforcement Directorate’s (ED) chargesheet naming Sonia Gandhi and Rahul Gandhi in the alleged money laundering case tied to the now-defunct National Herald newspaper. The BJP has termed the case a textbook example of “corporate conspiracy,” while the Congress has decried the move as an act of “political vendetta” by the Narendra Modi-led central government.

BJP questions Gandhi family’s property acquisition through Young India Ltd

Senior BJP leader Ravi Shankar Prasad, addressing a press briefing, accused the Congress of orchestrating a corporate arrangement to transfer property into the Gandhi family’s hands. He highlighted that in 2008, after the National Herald ceased publication, the Congress gave ₹90 crore to Associated Journals Limited (AJL), the newspaper’s publisher — a transaction he claims violates the norms as political parties are barred from funding private entities.

AJL reportedly failed to repay the loan, after which a non-profit entity, Young India Limited (YIL) — in which Sonia and Rahul Gandhi each hold a 38% stake — acquired the company’s shares and, by extension, its properties across several Indian cities. Mr. Prasad questioned YIL’s charitable work and highlighted that a token amount of ₹50 lakh was paid to AJL before the remaining loan was written off.

“This is the Gandhi model of development,” Prasad said, alleging that the arrangement enabled the Gandhi family to take control of property worth thousands of crores.

BJP expands attack to Robert Vadra

The BJP leader also took aim at Priyanka Gandhi Vadra’s husband, Robert Vadra, citing alleged irregularities in land transactions. “Another member buys land for ₹3 crore and sells it for ₹58 crore. The country should learn from this Gandhi model,” he remarked sarcastically.

Congress fights back, terms case a political smokescreen

The Congress has launched protests across the country in response to the BJP’s remarks and the ED’s chargesheet. Senior leader Pawan Khera likened the current actions to pre-Independence times, stating, “Back then, the British hated National Herald, the Gandhi family and the Congress — today the RSS has taken that place.”

Calling the case baseless, Congress leader Sachin Pilot said, “There has been no exchange of funds or transfer of property rights. This case is politically motivated, and the Modi government is attempting to silence the voice of the Opposition.” He affirmed that the party has full faith in the judiciary and will fight the case legally.

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