New Delhi, July 9: With the Supreme Court rejecting the review plea, filed by the three convicts in the Nirbhaya case, justice got yet another step closer. While the nation would want the rapists cum killers to be hanged at the earliest, these convicts still have two more options left before them.
The first could be a curative petition in the Supreme Court. However the number of curative petitions being allowed in India is almost nil.
It was in the year 2002 that the Supreme Court had brought into force this concept called Curative Petition. While hearing the Rupa Ashok Hurra vs Ashok Hurra case in the year 2002, a question had arisen whether an aggrieved person is entitled for any sort of relief after the Supreme Court has passed a final order.
As per the rules after the Supreme Court issues an order an aggrieved party has the right to first file a review petition. The question that was raised in the year 2002 was what does an aggrieved person do even if his review petition is rejected?
The Supreme Court had held that in order to prevent abuse of its process and to cure gross miscarriage of justice, it may reconsider its judgements in exercise of its inherent powers. The court then came up with the term Curative Petition which loosely translated would be "to cure."
Once a curative petition is rejected, the convicts would seek a Presidential pardon. The President is at liberty to either reject or award the pardon, without having to accord any reason. While this is considered to be the final recourse, one got to witness a lot of drama in the Yakub Memon case.
He had moved the Supreme Court with a Curative Petition after his mercy plea was rejected. There is however no bar for a person to move the Supreme Court after the President has rejected a mercy plea. In normal circumstances the Supreme Court does not interfere with a presidential order.
Once all legal remedies are completed, the case would go back to the Delhi trial court which originally heard this case. The judge would then fix a date for the hanging, following which the jail authorities would be informed.