NEW DELHI :
The Supreme Court on Tuesday rejected the curative petitions of two death row convicts in the 2012 Delhi gang rape case, Vinay Sharma and Mukesh.
“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 concept of “curative petition" evolved in Rupa Ashok Hurra vs. Ashok Hurra where the question was whether the aggrieved person was entitled to any relief against a dismissal of review petition by the apex court. The Supreme Court introduced this concept to ensure that there is no miscarriage of justice and principles of natural justice must be followed even at last stage of appeal.
The order on the curative petitions filed on 9 January was passed by a five-judge bench comprising Justices N.V. Ramana, Arun Mishra, Rohinton Nariman, R. Banumathi and Ashok Bhushan in an “in-chamber hearing".
Meanwhile, Mukesh Kumar has also moved Delhi high court challenging the death warrant. The plea is likely to be heard on Wednesday. He has also filed a mercy petition as per the plea moved in Delhi high court which is pending for consideration.
A Delhi court had on 7 January issued death warrants against the four convicts in the 2012 gang rape case. Additional sessions judge Satish Kumar Arora of the Patiala House Court had passed the order after hearing a plea by the victim’s parents to expedite the execution of the death penalty. The convicts are to be hanged on 22 January, according to the death warrant.
This follows a fast-track court in Delhi, in September 2013, imposing capital punishment on the four convicts saying that the case fell under the “rarest of rare" category. The death sentence was upheld by the Delhi high court in 2014.
The Supreme Court has dismissed review petitions filed by the convicts in two separate incidents related to the case.
On 16 December 2012, a 23-year-old woman was brutally assaulted and raped by six people in a moving bus in south Delhi. The incident had rocked the country, triggering nationwide protests.