SC dismisses curative plea in Nirbhaya case

NEW DELHI, Jan 30: The Supreme Court on Thursday dismissed the curative petition of one of the four death row convicts in the Nirbhaya gang rape and murder case saying “no case is made out.”
The top court also rejected convict Akshay Kumar Singh’s plea seeking stay of his execution.
“The application for oral hearing is rejected. The application for stay of execution of death sentence is also rejected,” said the five-judge bench which heard the plea in-chamber.
“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 bench comprised Justices NV Ramana, Arun Mishra, RF Nariman, R Banumathi and Ashok Bhushan.
Akshay had filed a curative plea in the apex court on Wednesday, saying that capital punishment is being awarded by courts as “panacea” in the face of public pressure and public opinion on violence against women.
A curative petition is the last legal recourse available to a person in a court of law.
Akshay now has the option to move a mercy plea before the president. He was the third convict to move the curative plea after Mukesh Kumar Singh and Vinay Kumar Sharma.
Curative petitions filed by Vinay and Mukesh in the case have already been dismissed by the apex court. The fourth convict, Pawan Gupta, has not filed the curative petition, which he still can if he chooses. (PTI)