A curative petition is the last and final legal remedy available to a person.

SC dismisses curative pleas of 2 Nirbhaya death row convicts paves way for execution
news Nirbhaya gangrape Tuesday, January 14, 2020 - 14:40

A five-judge bench of the Supreme Court on Tuesday dismissed the curative petitions filed by two of the four death row convicts in the 2012 Nirbhaya gangrape case. A bench of Justices NV Ramana, Arun Mishra, R F Nariman, R Banumathi and Ashok Bhushan held that there was no merit the curative petitions filed by Vinay Sharma (26) and Mukesh Kumar (32).

Curative petitions are decided in-chambers by the judges. It is the last and final legal remedy available to a person. A Delhi court had on Tuesday issued death warrants against the four convicts and said they would be hanged on January 22 at 7 am in Tihar jail. The court had given them two weeks to use their legal remedies. 

Two other death-row convicts, Akshay Kumar Singh (31) and Pawan Gupta (25), against whom death warrants have been issued by a Delhi court, have not filed curative petitions.

They have all been sentenced to be hanged to death in connection with the Nirbhaya gangrape case of 2012. Nirbhaya, a 23-year-old physiotherapy intern, was gangraped in a moving bus in South Delhi by six people on December 16, 2012. The woman had boarded the nearly vacant bus in Munirka in South Delhi along with her male friend on her way back home. After raping and brutalising the woman and beating her friend, the assailants had thrown them both out of the bus. After receiving initial treatment in New Delhi for a few days, she was shifted to the Mount Elizabeth Hospital in Singapore, where she succumbed to injuries on December 29, 2012.

The Supreme Court had in 2017 upheld the capital punishment awarded to them by the Delhi High Court and a trial court. One of the six accused in the case, Ram Singh, allegedly took his own life in Tihar Jail.

A juvenile, who was among the accused, was convicted by a juvenile justice board and was released from a reformation home after serving a three-year term.

On July 9, 2018, the apex court had dismissed the review pleas filed by three of the convicts in the case, saying no grounds had been made out by them for review of the 2017 verdict.

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