December 16 gangrape: Another convict files curative petition before Supreme Court

The four have been placed in isolation cells till the date of their execution. They will be hanged to death inside Jail Number 3 at 7 am on January 22 by a hangman from Meerut who will using ropes sourced from Buxar in Bihar.

A curative petition may be filed after a review plea against the final conviction is dismissed. It is meant to ensure there is no miscarriage of justice, and to prevent abuse of process. A curative petition is usually decided by judges in chamber, unless a specific request for an open-court hearing is allowed.

In the event of Sharma’s curative plea being dismissed by the apex court, he and the others still have the option to file a mercy plea before President Ram Nath Kovind. Under Articles 72 and 161 of the Constitution, the President of India and Governors respectively have the power to “grant pardons, reprieves, respites or remissions” of punishment awarded by the courts.

Of the initial six accused, Ram Singh, the bus driver, committed suicide in Tihar Jail during the trial, while one turned out to be a juvenile. Tried by a Juvenile Justice Board, he was released from a reformation home after serving a three-year term. The six gangraped and assaulted a woman on the night of December 16, 2012. Flown to Singapore for treatment, she died at Mount Elizabeth Hospital on December 29.