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Wednesday 1 April 2020

Vinay Sharma’s petition dismissed; judge faints while hearing govts’ case

The Supreme Court said the convict's mental condition was absolutely fine according to his medical report. Meanwhile, Justice Banumathi fainted while hearing the case of the governments of the union and Delhi on the issue of hanging the four convicts in the Nirbhaya case.

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The Supreme Court today dismissed the plea of ​​Vinay Sharma, a convict in the Nirbhaya gang-rape case. The court said that according to his medical report, Vinay’s mental condition was absolutely fine. The apex court clearly stated that the latest medical report said that not only the physical condition of the convict Vinay was fine but the mental condition also was fine.

Convict Vinay Sharma had filed a petition in the highest court against President Ram Nath Kovind’s dismissal of his clemency plea. He argued that his mental condition was not correct. He also alleged that not all documents were kept in before President Ram Nath Kovind.

The Supreme Court rejected these submissions. The apex court said that all documents were kept before the president.

The bench comprising Justices R Banumathi, Ashok Bhushan and AS Bopanna rejected the plea, saying that the court had reached a considered decision after studying all the files. Therefore, the plea of ​​Vinay Sharma that President Ram Nath Kovind had not seen all his documents thereby stood rejected. The court dismissed also the argument that the Lieutenant Governor of Delhi had not signed the file.

Recall that Vinay Sharma had made this excuse about two months ago after the Delhi government sent the file to the Ministry of Home Affairs with the recommendation of rejecting the plea and the ministry forwarded it to the president with the same advice.

Vinay Sharma had filed a curative petition too that was dismissed.

Earlier, the convicts’ lawyer AP Singh argued how a digital signature could be obtained during the Delhi assembly election.

After Vinay Sharma, there is Pawan Gupta

On Thursday, Delhi’s Patiala House Court had adjourned the hearing till 17 February on a petition seeking the issuance of a death warrant to hang Nirbhaya’s culprits. The court had said that Nirbhaya’s convicts were entitled to use legal remedies till their last breath and their fundamental rights could not be ignored.

The court on Thursday appointed advocate Ravi Kazi to represent Pawan Gupta, another convict of the Nirbhaya case. Now out of the four convicts, only Pawan Gupta has the option to file a curative petition and mercy petition. Additional Sessions Judge Dharmendra Rana had said, “The lawyer of Pawan Gupta, convicted of Nirbhaya, should get some time so that he can effectively represent the client.”

Justice Banumathi faints while hearing case of Centre & Delhi govt

During the hearing of the petition of the governments of the union and Delhi that sought permission to hang the four convicts of Nirbhaya together, Judge R Banumathi fainted in the Supreme Court. There was chaos in the courtroom after this incident during the hearing on Friday afternoon.

Justice Banumathi suddenly got sick and later fainted while writing the order. A few minutes later, when she regained consciousness, she was escorted to the chamber inside.

Doctors were called for treatment immediately. The judge already had a high fever, but she was sitting in the court under medication. She fainted during the hearing when her condition worsened.

The hearing was postponed after Justice Banumathi fainted after writing just one line of the order. She had barely begun the dictation when she complained she was not feeling well and requested the judge sitting next to her to dictate the order further.

After this, Justice Bhushan resumed the dictation. Meanwhile, Justice Banumathi fainted. After regaining consciousness to a stunned court, she was escorted and taken to her antechamber. She was provided with medical facility. The judge is reportedly doing fine now.

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