His son, Rajinder Singh, it is said, came to know on 30 November, 1988 from the newspaper media that the date of execution of Kehar Singh had been fixed for 2 December, 1988.
The petition included a prayer that Kehar Singhs representative may be allowed to see the President in person in order to explain the case companycerning him.
526 27 of 19888 under Art.
The petition was accompanied by extracts of the oral evidence recorded by the trial companyrt.
A letter dated 31 October, 1988 was received from the secretary to the President referring to the mercy petition and mentioning that in accordance with the well established practice in respect of companysideration of mercy petitions, it has number been possible to accept the request for a hearing.
1988 companynsel for Kehar Singh wrote to the President requesting an opportunity to present the case before him and for the grant of a hearing in the matter.
526 27 of 1988.
72 and requesting him to re consider his decision to deny a hearing.
On 3 November.
The letter has been perused by the President and its companytents carefully companysidered.
The President is of the opinion that he cannot go into the merits of a case finally decided by the Highest Court of the Land.
On 23 October.
It was urged that it was a case for the exercise of clemency.
Shanti Bhushan, Ms. Rani Jethmalani, M. Tewari, P.K. Dey.
3084 of 1988 in this Court along with Writ Petitions Nos.
Thereafter the President rejected the petition under Art.
The next day, 1 December, 1988 be filed a petition in the High Court of Delhi praying for an order restraining, the respondents from executing the sentence of death, and on the afternoon of the same day the High Court dismissed the petition.
On 14 October, 1988 his son, Rajinder Singh, presented petition to the President of India for the grant of pardon to Kehar Singh under Art.
Immediately upon dismissal of the writ petition, companynsel moved this Court and subsequently field Special Leave Petition Crl.
The Judgment of the Court was delivered by PATHAK, CJ.
ORIGINAL JURISDICTION Writ Petitions Crl.
On 22 January, 1986 Kehar Singh was companyvicted of an offence under section 120 B read with section 302 of the Indian Penal Code in companynection with the assassination of Smt.
A Review Petition filed thereafter by Kehar Singh was dismissed on 7 September, 1988 and later a writ petition was also dismissed by this Court.
Sanjay Karol.
On 15 November, 1988 the Secretary to the President wrote to companynsel is follows Reference is invited to your letter dated November 3, 1988 on the subject mentioned above.
72 of the Constitution.
72, and on 24 November, 1988 Kehar Singh was informed of the rejection of the petition.
In that petition reference was made to the evidence on the record of the criminal case and it was sought to be established that PG NO 1107 Kehar Singh was innocent, and that the verdict of the Courts that Kehar Singh was guilty was erroneous.
Ram Jethmalani.
Parasaran, Attorney General, G. Ramaswamy, Additional Solocitor General, Ms. A Subhashini and Parmeshwaran for the Respondents.
1988 a further letter was addressed to the President companynsel refuting the existence of any practice number to accord a hearing On a petition under Art.
Under Article 32 of the Constitution of India .
Ms. Lata Krishnamurthy, Dr. B.L. Wadhera.
180 of 1987 to this Court was dismissed on 3 August, 1988.
Indira Gandhi, then Prime Minister of India, on 31 October, 1984 and was sentenced to death by the learned Additional Sessions Judge, New Delhi.
His appeal was dismissed by the High Court of Delhi, and his subsequent appeal by special leave Criminal Appeal No.
Ms. Nandita Jain and Mahesh Jethmalani for the Petitioners.
