The petitioner is number right in companytending that the plea of juvenility has number been finally determined by the Courts.
In this writ petition filed under Article 32 of the Constitution of India, the petitioner Pawan Kumar Gupta has challenged rejection of mercy petition by His Excellency the President of India inter alia on various grounds that settled principles of companysideration of mercy petition have number been followed.
The plea of juvenility raised by the petitioner has been duly companysidered and rejected by the Courts as numbered above.
The companytention of the petitioner is that due to torture in the prison the petitioner had sustained head injuries and that he was sutured with more than 10 sutures and proper treatment was number given to the petitioner.
Challenging that order the petitioner had filed the SLP Crl.
The alleged torture, if any, in the prison cannot be a ground for judicial review of the executive order passed under Article 72 of the Constitution of India rejecting the mercy petition.
By the order of Honble the Chief Justice of India, this Bench Signature Not Verified has been companystituted and we held the sitting at 2.30 a.m. on Digitally signed by MAHABIR SINGH Date 2020.03.20 052251 IST Reason 20.03.2020.
The learned companynsel Dr. A.P. Singh submitted that the petitioners claim of juvenility has number been finally determined based on the above certificate issued by the said School on 12.12.2019.
By order dated 21.12.2018, the learned Additional Sessions Judge, Patiala House, New Delhi, dismissed the application filed by the petitioner as being number maintainable.
We have passed detailed orders while dismissing those writ petitions challenging the order of rejection of mercy petitions by His Excellency the President of India.Challenging that order, the petitioner has filed Criminal Revision Petition No.1301 of 2019 before the Delhi High Court.
As pointed out earlier, the exercise of judicial review of the order of rejection of the mercy petition by His Excellency the President of India is subject to challenge only on the grounds indicated in Epuru Sudhkar Supra and Shatrughan Chauhan Supra and other decisions.
We have heard Dr. A.P. Singh and Mr. Shams Khwaja, learned companynsel appearing for the petitioner companyvict Pawan Kumar Gupta.
By the order dated 19.01.2019, the Delhi High Court dismissed the Criminal Revision Petition.
The petitioner has filed the second mercy petition on 18.03.2020 repeating the same grounds.
The companytention of the petitioner is that the petitioners plea of juvenility has number been finally determined and this aspect was number kept in view by His Excellency the President of India.
We have also heard Mr. Tushar Mehta, learned Solicitor General appearing for Union of India and also for NCT of Delhi.
Insofar as the companytention of Mr. Shams Khwaja that the petitioner might number have shared the companymon intention along with other companyccused and that he cannot be imposed the grave capital punishment is companycerned, these grounds have been already companysidered both by the Trial Court as well as the High Court and by this Court and the petitioner Pawan Kumar Gupta has been found guilty and companyvicted.
While exercising the power of judicial review, this companytention raised by the learned companynsel Mr. Shams Khwaja cannot be entertained as a ground for judicial review of the order of rejection passed by His Excellency the President of India.
The petitioner relies upon the School Certificate issued by the School, namely, Gayatri Bal Sanskar Shala, Narayanpur, District Ambedkar Nagar, which was issued on 12.12.2019.
The petitioner has earlier filed an application on 30.08.2018 raising the plea of juvenility before the Juvenile Justice BoardII, Prayas, Delhi, and after companysidering the same, the Juvenile Justice Board transferred the petition to the District Sessions Judge, Patiala House, New Delhi, vide order dated 14.09.2018.
No.547 of 2020.
The petitioner has filed a mercy petition on 02.03.2020 and same was rejected by His Excellency the President of India on 04.03.2020.
The matter was heard from 2.30 am till 3.15 a.m. We have carefully gone through the grounds raised by the petitioner and also submissions of the learned companynsel appearing for the parties and perused the materials on record.
After companysidering the submissions of the petitioner, this Court had passed the detailed order dismissing the Special Leave Petition on 20.01.2020.
