Nirbhaya Case: SC To Hear Curative Petitions of 2 Convicts

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The Supreme Court will hear curative petitions filed by two men on Tuesday afternoon convicted in the 2012 Nirbhaya gang-rape and murder case. A five-judge bench of the Supreme Court is scheduled to hear the curative petitions at 1:45 pm.

The petitions have been filed by Vinay Sharma (26) and Mukesh Kumar (32), two of the four men currently on death row in the Nirbhaya gang-rape and murder case.

A curative petition is the last and final judicial remedy available to a person convicted by courts of law. If the Supreme Court rejects the curative petitions filed by Vinay Sharma and Mukesh Kumar, the two will have the option of seeking mercy before the President.

Vinay Sharma’s and Mukesh Kumar’s review petitions will be heard by a five-judge bench of Justices N V Ramana, Arun Mishra, R F Nariman, R Banumathi and Ashok Bhushan. Like all curative petitions, the pleas will be heard in-chambers.

However, the five-judge bench that will hear Vinay’s and Mukesh’s curative petitions includes two judges – Justices Banumathi and Bhushan – who were part of the Supreme Court bench that in 2017 originally upheld the convictions in the Nirbhaya gang-rape and murder case, and confirmed the death penalties handed to the four men.

Justices Banumathi and Bhushan were also part of the bench that in 2018 rejected review petitions filed by three of the four convicts, including Vinay and Mukesh.

The Supreme Court hearing on Tuesday comes days after a Delhi court issued ‘death warrants’ for the four convicts in the Nirbhaya gang-rape and murder case and set January 22 as the date of their hangings.

Two of the four convicts — Akshay Kumar Singh (31) and Pawan Gupta (25) — have not yet filed curative petitions. All four have previously filed review petitions, which have been rejected by the Supreme Court.

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