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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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IIT Bombay Professor Suryanarayana Doolla sent on leave amid student suicide row

IIT Bombay professor Suryanarayana Doolla has been sent on leave amid the ongoing student protests following Sahil Wakode’s death.

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IIT Bombay professor Suryanarayana Doolla has been sent on leave amid the ongoing controversy following the death of 20-year-old student Sahil Wakode, with protests on the campus seeking action against the professor.

Doolla, a faculty member in IIT Bombay’s Department of Energy Science and Engineering, had been involved in the examination incident concerning Wakode. The student was allegedly found using a mobile phone during a mid-semester examination and had uploaded the question paper to an AI platform to seek answers, according to the institute.

Why Suryanarayana Doolla is at the centre of the controversy

Doolla was the course instructor and examination invigilator during the examination and was involved in reporting the alleged examination malpractice to the institute’s authorities.

IIT Bombay has said Wakode was subsequently counselled by the instructor and the Head of Department and was assured that the examination incident would not adversely affect his academic career. The institute has also maintained that no disciplinary action had been initiated against the student before his death.

Wakode’s family, however, alleged harassment and caste-based discrimination. Mumbai Police registered a case based on the family’s complaint, with Doolla among those named. The allegations remain subject to investigation.

Student protests at IIT Bombay

Following Wakode’s death, students began protesting on the IIT Bombay campus and demanded action against Doolla.

IIT Bombay Director Professor Shireesh Kedare met the protesting students on September 20 and signed an 18-point charter of demands. The demands included action against Doolla.

Doolla was subsequently removed from the post of Dean Students Welfare amid the protests. The latest action comes as the controversy surrounding Wakode’s death and the allegations against the professor continue to be investigated.

Faculty members back Doolla

While students have demanded action against Doolla, IIT Bombay’s Faculty Forum has backed the professor, saying he was performing his duties as an invigilator and had followed the institute’s prescribed procedure after detecting the alleged examination malpractice.

The controversy involves the examination incident, allegations made by Wakode’s family and the police investigation into his death. The allegations against Doolla have not been established as facts and remain part of the ongoing investigation.

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Amit Shah sets 2029 deadline to make India drug-free

Union Home Minister Amit Shah has set December 31, 2029 as the deadline for India’s fight against drugs, urging states to focus on dismantling trafficking networks rather than only recording seizures.

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Union Home Minister Amit Shah has set December 31, 2029 as the deadline for India’s campaign against drugs, calling on states and Union Territories to move beyond recording seizures and focus on dismantling the networks behind narcotics trafficking.

Speaking at the third National Conference of Anti-Narcotics Task Force Heads in New Delhi on Tuesday, Mr Shah said India would not allow drugs to enter or leave the country.

“Neither will we allow a single gram of drugs to enter India, nor will we allow a single gram of drugs to go out,” he said.

The conference brought together police chiefs from 36 states and Union Territories as the government outlined its roadmap for tackling the country’s drug problem.

Amit Shah asks states to focus on drug networks

Mr Shah said drug seizures alone should not be treated as the measure of success. He called for a shift from meetings to missions, reports to results and seizures to dismantling the networks responsible for drug trafficking.

Districts have been identified as the frontline units in the strategy. They are to be assessed based on whether they are involved in drug production or entry, serve as transit corridors or primarily face drug consumption.

The response would then be tailored according to the nature of the threat in each district.

The Home Minister also stressed the need to follow the money generated by narcotics trafficking, including through investigations into bank accounts and shell transactions that help sustain drug networks.

Synthetic drugs, darknet and crypto payments in focus

The government is also preparing for emerging methods used by drug traffickers, with synthetic drugs, darknet marketplaces, cryptocurrency payments and dead-drop deliveries identified as areas requiring greater attention.

Mr Shah urged states to develop specialised teams capable of investigating these newer forms of narcotics trafficking.

The government also wants foreign nationals involved in drug supply chains to face deportation and blacklisting, while those operating supply networks into India from abroad are to be pursued for extradition.

2026-2029 drug control roadmap

The government’s Vision Document 2026-2029 is based on four pillars: enforcement and intelligence, control of precursor chemicals and synthetic drugs, demand and harm reduction, and capacity building.

According to the report, the document contains more than 100 individual targets.

The Nashamukt Mitra programme is another part of the campaign. Nearly 47,000 volunteers have registered so far, with a target of reaching one lakh volunteers. The programme plans to take awareness activities to around 10 lakh schools and colleges.

The government has also launched new television advertisements against drug use, redesigned the Narcotics Control Bureau website and laid the foundation stones for NCB zonal complexes in Lucknow and Dehradun.

Mr Shah linked the anti-drug campaign to Prime Minister Narendra Modi’s vision of a developed India by 2047, arguing that protecting the country’s young population from narcotics is essential to that goal.

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J&K Assembly uproar over Maharaja Hari Singh, Sheikh Abdullah holidays

A holiday row over Maharaja Hari Singh and Sheikh Mohammad Abdullah triggered an uproar in the Jammu and Kashmir Assembly, with BJP and NC members raising competing slogans.

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The Jammu and Kashmir Assembly witnessed a heated exchange on Tuesday over public holidays associated with Maharaja Hari Singh and Sheikh Mohammad Abdullah, with members of the ruling National Conference (NC) and BJP raising slogans in support of the respective leaders.

The issue was raised a day before the September 23 public holiday marking Maharaja Hari Singh’s birth anniversary.

NC legislator Abdul Majid Larmi demanded that the holiday for Maharaja Hari Singh’s birth anniversary be withdrawn if the public holiday for Sheikh Mohammad Abdullah’s birth anniversary was not restored.

The demand led to an uproar in the House, with BJP members raising slogans in support of Maharaja Hari Singh and accusing the NC of insulting his legacy. NC legislators responded with slogans supporting Sheikh Abdullah.

What happened over the holiday issue

The Centre withdrew the public holiday marking Sheikh Abdullah’s birth anniversary after the abrogation of Article 370 in 2019. His birth anniversary is observed on December 5.

The government also discontinued the public holiday on July 13, which was observed as Martyrs’ Day in the erstwhile state of Jammu and Kashmir.

In contrast, September 23, Maharaja Hari Singh’s birth anniversary, is now observed as a public holiday in Jammu and Kashmir.

PDP members also joined the discussion and demanded the restoration of the July 13 public holiday.

Speaker says he has no power over holidays

As slogan-shouting continued in the Assembly, Speaker Abdul Rahim Rather attempted to calm the members.

The Speaker said that the authority to declare or withdraw public holidays did not fall within his jurisdiction.

Why July 13 was observed as Martyrs’ Day

July 13 was traditionally observed as a public holiday in Jammu and Kashmir. Official functions were held at the Martyrs’ Graveyard to commemorate the 22 people killed during the 1931 uprising against the Dogra monarchy under British rule.

Following the abrogation of Article 370 and the bifurcation of the erstwhile state into two Union Territories in 2019, July 13 was removed from the list of public holidays. Official commemorations and ceremonial police tributes were also discontinued.

The 1931 killings and the unrest that followed led to the appointment of two commissions to examine grievances of the Muslim community in Kashmir and eventually contributed to limited political reforms.

The first Assembly elections in Jammu and Kashmir were held in 1934, although the Maharaja retained extensive powers over key matters at the time.

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