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India

SC dismisses review petitions filed in Nirbhaya of Najafgarh case !

The three judge bench of Supreme Court of India has turned down the review petitions filed by the father of Nirbhaya of Najafgarh, late Kiran Negi, Kunwar Singh Negi, social activist Yogita Bhayana, the Delhi State government and a social organisation Uttarakhand Lok Manch represented by Brijmohan Upreti – after the three convicts of this case were acquitted by the earlier bench headed by the former chief justice of Supreme Court U. U. Lalit and other two judges being Justice Mam Bela M. Trivedi and Justice Ravindra Bhatt on 7 November 2022.

In an order of dismissal of review petitions by the three judge bench comprising of CJI Y. V. Chandrachud , Justice Bela M Trivedi and Ravindra Bhatt it is said that the review petition has been filed by the petitioner Kunwar Singh Negi father of the victim seeking review of the common judgement and order dated November 22 passed by the Court in Criminal appeal numbers 611 / 2022 -615 / 2022. After having carefully gone through the judgement and documents on record we do not find any error, either factual or legal, apparent on the face of the record requiring review of the aforesaid judgement passed by the Court.

In view of the matter the review petition is dismissed ruled the Supreme Court three judge bench order. Similarly the order said that another applicant Yogita Bhayana, claiming to anti rape activist and social worker based at Delhi has filed the application for review of the order of 7 No better, 22.

The order adds that such an application at the instance of a person who was not a party to the criminal proceedings is not maintainable in the criminal appeal. Moreover, since the Court has, dismissed the review petition filed by the State of Delhi , the application seeking permission to file review petition is dismissed mentioned the SC order. While rejecting the State of Delhi request to file review petition the Order says that in addition to its request for reconsidering the November 7 , 2022 judgement, the State has, also filed an application seeking permission to bring on record some events which have allegedly taken place qua one of the accused Vinod after pronouncement of the judgement.

The order said that after considering the judgement and other documents on record no error either factual or legal apparent on the face of the record have been found requiring review of the judgement .

It also added that in the event of the no nexus to the instant case (by way of the crime committed by one of the accused Vinod) subsequent to the pronouncement of the judgement there is no ground for reviewing the petition.

Hence the review petition are dismissed ruled the order of the three judge SC bench. Kindly recall that after the dismissal of review petition in Supreme Court there is last hope to file a curative petition.

The already traumatised parents of late Kiran Negi who were optimistically banking on the accepted review petitions to get justice have been deeply anguished further with their all hopes of the last ten year dashed against the wall say Kunwar Singh Negi one of the main petitioners. He was sitting on an indefinite protest dharna at Jantar Jantar for the last few days holding the picture of her obnoxiously gang raped and horrendously killed 19 year old daughter in the month of February in 2012 at Qutub Vihar and appealing the honourable judiciary to bring the human beasts to justice by hanging them to gallows. The family is literally shattered now having no further hope of any justice.

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