Amnesty International says Supreme Court’s decision in Nirbhaya case unfortunate
10 July, 2018, 02:29 | Author: Sheila Harris
The Supreme Court on Monday reaffirmed the death penalty granted to the convicts in the gang rape and murder of a paramedical student on 16 December 2012, in New Delhi.
"There is no material to review our order", said three judges led by Chief Justice of India Dipak Misra, on the review petitions of Mukesh, 29, Pawan Gupta, 22 and Vinay Sharma, 23.
The Supreme Court, on Monday, rejected the review petition filed by the convicts in the Nirbhaya rape case.
Justice Bhushan said that "the ambit and scope of a review petition is well-defined and can only be entertained if there is judicial fallibility, miscarriage of justice and error apparent in the earlier apex court judgment", The Hindu reported. Convicts can not be allowed to re-argue a case in the guise of a review plea, said the court.
Nirbhaya, a 23-year-old paramedic, was brutally assaulted and gang-raped in a moving bus in south Delhi and thrown out of the vehicle with her male friend while returning home after watching a film on the night of December 16, 2012. She succumbed to her injuries on December 29, 2012, at Mount Elizabeth Hospital in Singapore. The juvenile convicted in the case by the Juvenile Justice Board was released from a reform home after serving a three-year term.
The Supreme Court has upheld the death penalty for three of the four rapists in the "Nirbhaya" case.
The men had then appealed to the court to review their sentences, saying it was "cold-blooded killing in the name of Justice".
Singh, lawyer of two convicts, Pawan and Vinay told ANI he is hopeful that his clients would get justice. This was upheld by the Delhi high court and later by the SC. However, the convicts still have judicial redressal for a re-examination of the dismissal of their appeals and review pleas by way of a curative petition, which is the last legal remedy left for curing the defects, if any, in a judgment.
"Where a crime is committed with extreme brutality and the collective conscience of the society is shocked, courts must award death penalty, irrespective of their personal opinion as regards desirability of the death penalty".
The brutal attack prompted widespread protests throughout the country, sparked a new debate about women's safety in India and resulted in strict changes to the country's rape laws which now allows for the death penalty in some rape cases.
"The convicts must be immediately hanged to death", he said.
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