Nirbhaya case: 2 convicts file curative pleas
10/01/2020, LEGAL CORRESPONDENT,NEW DELHI
Curative petitions were filed in the Supreme Court by two convicts in the Nirbhaya case on Thursday. The petitions come just days after a Delhi sessions court scheduled the execution of the four convicts at Tihar Jail on January 22.
Vinay Sharma and Mukesh, in separate curative petitions, said there had been a sea change in the death penalty jurisprudence. They argued that ignoring the subsequent changes in the law against the death penalty would be a “gross miscarriage of justice”.
A curative petition is a rare remedy devised by a Constitution Bench of the Supreme Court in its judgment in the Rupa Ashok Hurra case in 2002. A party can take only two limited grounds in a curative petition — one, that he was not heard by the court before the adverse judgment was passed, and two, the judge was biased. A curative petition, which follows the dismissal of a review petition, is the last legal avenue open for convicts in the Supreme Court.
Sharma was the first of the four convicts to file a curative petition, arguing that there had been “a change in the law on death sentence in India” since the death penalty was first confirmed for the Nirbhaya convicts in 2017.
10/01/2020, LEGAL CORRESPONDENT,NEW DELHI
Curative petitions were filed in the Supreme Court by two convicts in the Nirbhaya case on Thursday. The petitions come just days after a Delhi sessions court scheduled the execution of the four convicts at Tihar Jail on January 22.
Vinay Sharma and Mukesh, in separate curative petitions, said there had been a sea change in the death penalty jurisprudence. They argued that ignoring the subsequent changes in the law against the death penalty would be a “gross miscarriage of justice”.
A curative petition is a rare remedy devised by a Constitution Bench of the Supreme Court in its judgment in the Rupa Ashok Hurra case in 2002. A party can take only two limited grounds in a curative petition — one, that he was not heard by the court before the adverse judgment was passed, and two, the judge was biased. A curative petition, which follows the dismissal of a review petition, is the last legal avenue open for convicts in the Supreme Court.
Sharma was the first of the four convicts to file a curative petition, arguing that there had been “a change in the law on death sentence in India” since the death penalty was first confirmed for the Nirbhaya convicts in 2017.
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