Delhi High Court Current Affairs - 2020
On March 20, 2020, four convicts of the Nirbhaya Gang Rape were hanged to death in Tihar Jail.
In September 2013, a fast track court convicted them with death sentence. Several curative and mercy petitions were filed by them at the Delhi High Court and Supreme Court. In 2017, the Supreme Court upheld death penalty. Recently, in 2020, the Supreme Court refused to take in the petitions.
Article 145 of the constitution allows the Supreme Court to frame its own rules. Under the Article, the SC rules its own proceedings, cases handled by the it, transferred to high courts, etc. It has powers to stay proceedings, grant bail, allocate number of judges to sit in a bench, etc.
With this power, the apex court refused to consider the petitions of the accused.
Criminal Law (Amendment) act, 2013
The act was also called Nirbhaya Act. The act made several changes to the punishments of rape and sexual harassment accused. Also, the other laws such as Indian Penal code, Code of Criminal Procedure, 1973, Indian Evidence Act were all amended.
J S Verma Committee
Six days after the Nirbhaya incident GoI constituted a judicial Committee under J S Verma. The judicial changes were made according to the recommendations of the committee.
Tags: 2012 Delhi gang-rape • Criminal Law Amendment Act 2018 • Death Penalty • Delhi High Court • J.S. Verma Committee
On March 16, 2020, the Supreme Court of India rejected the curative petitions filed over Nirbhaya case.
A Brief outlook
In September 2013, a fast track court of Delhi found the defendants guilty and pronounced death penalty to those accused of rape and murder of a 23-year old female. Since then the accused were appealing to high court of Delhi and Supreme Court of India. Recently, the accused had filed a curative petition seeking to put his execution on hold. However, the Supreme Court has rejected their pleas and the accused are to be hanged on 20th March, 2020.
The mercy petition and review petition were also rejected by the Supreme Court
What is Curative Petition?
A curative petition is filed after the plea conviction against final conviction is dismissed. The Curative petitions are filed under Article 142 of the constitution. It shall be filed after the review petition is dismissed by the apex court.
The concept of Curative petition is supported by the Article 137 of Constitution of India. The Article enables Supreme Court to review its own judgements made under Article 145.
The article empowers the Supreme Court to make rules for regulating practices and procedures of the Court. The rules include proceedings in the court, to stay proceedings, grant bail, etc. the minimum number of judges to sit for the purpose of interpretation of the constitution is 5 according to the article.
The Review petitions are filed under Article 137 of the Constitution that enables Supreme Court to review its own judgement. Under Supreme Court rules, 1966, these petitions should be filed within 30 days of judgement.
Tags: Constitution • Delhi High Court • Rape • Sexual Harassment • Supreme Court (SC)