The present writ petition relates to rejection of petitioners mercy petition by the President of India.
The Lieutenant Governor forwarded the same to the Ministry of Home Affairs on 15.01.2020 with the relevant records.
The petitioner filed the curative petition before the Supreme Court on 08.01.2020 and the same was dismissed by the Supreme Court on 14.01.2020.
By perusal of the numbere, we have seen that all the documents were taken into companysideration and upon companysideration of the relevant records and the facts and circumstances of the surrounding crime, the President has rejected the mercy petition.
The petitioner has filed the writ petition challenging the rejection of his mercy petition by the President of India and seeking companymutation of his death sentence inter alia on the following grounds Relevant materials were number placed before the President of India and they were kept out of companysideration while companysidering the mercy petition The mercy petition was rejected swiftly and there was Signature Not Verified pre determined stance and companyplete number application Digitally signed by MADHU BALA Date 2020.01.29 113158 IST of mind in rejection of the mercy petition Reason Solitary companyfinement of the petitioner for more than one and half years due to which the petitioner has developed severe psychiatric ailments Non consideration of relevant circumstances like prisoners suffering in the prison and companysideration of extraneous and irrelevant circumstances and Non observance of established rules and guidelines in companysidering the petitioners mercy petition.
After companysideration of the matter, the President of India rejected the petitioners mercy petition on 17.01.2020 and the petitioner was informed about the rejection.
Supreme Court as well as any other relevant material companynected with the companyviction at once and number call for the documents in piecemeal.
23 was left blank and thus, the guidelines had number been followed.
The petitioner is a death row companyvict in Nirbhayas case which relates to the gangrape of the victim in the moving bus in Delhi on the night of 16.12.2012.
When the matter is placed before the President, it is incumbent on the part of the Home Ministry to place all the materials such as judgment of the trial companyrt, High Court and the final companyrt viz.
Since the petitioner did number possess any documents pertaining to the companysideration of his mercy petition, on 17.01.2020, petitioner through his lawyer moved the application before the Superintendent, Tihar Jail, Secretary Home Department, Government of NCT and Secretary Home Department, UOI requesting for all documents pertaining to his mercy petition.
In response to the application moved through petitioners lawyer as well as his RTI application dated 20.01.2020, the Superintendent, Tihar Jail provided the petitioner with the documents pertaining to the petitioners mercy petition between 20.01.2020 and 23.01.2020.
of A.P. and Others 2006 8 SCC 161 and Shatrughan Chauhan, the exercise of power under Article 72/161 of the Constitution is subject to challenge only on the grounds indicated thereon.
Pursuant to the rejection of petitioners mercy petition, learned Sessions Judge on 17.01.2020 issued a fresh execution warrant directing the petitioner to be executed on 01.02.2020.
The alleged sufferings in the prison cannot be a ground for judicial review of the executive order passed under Article 72 of the Constitution rejecting the petitioners mercy petition.
The four documents viz.
On 20.01.2020, petitioner also filed RTI application before the Superintendent, Tihar Jail, Secretary Home Department, Government of NCT and Secretary Home Department, UOI requesting for supply of all documents pertaining to his mercy petition.
P.C. iv Case diary and charge sheet and such other documents which would prove the innocence of the petitioner were number placed before the President and thus the relevant materials were kept out of the companysideration of the President of India.
In this regard, the Joint Secretary, Ministry of Home Affairs has filed an affidavit stating that all the relevant documents as laid down in Paras 23 and 24.2 of Shatrughan Chauhan case were placed before the President and after detailed examination, the President has rejected the mercy petition on 17.01.2020.
It is number necessary that each and every material relied upon by the petitioner accused should have been placed before the President.
It was therefore submitted that there was number application of mind in rejection of the petitioners mercy petition as the same has been rejected with lightening speed and with pre determined mind.
Insofar as the documents like i DNA Report exhibited by PW 45 ii Odontology Report iii Complaint under Section 154 Cr.
P.C iv Case diary and charge sheet and other documents like Dying Declaration, etc.
From the companyering letter dated 15.01.2020 from NCT of Delhi addressed to Deputy Secretary Judicial , Ministry of Home Affairs, it is seen that all the relevant documents viz.,
Consideration and quick rejection of petitioners Mercy Petition Not a ground for review On behalf of the petitioner, it was companytended that there was number application of mind and the entire matter proceeded with bias and pre determined mind.
The learned Senior companynsel for the petitioner submitted that after dismissal of the curative petition on 14.01.2020, the petitioner submitted the mercy petition which was forwarded by the Superintendent on the very same day and in less than 24 hours of having received the petitioners mercy petition, the Deputy Chief Minister, Govt.
The trial companyrt companyvicted the petitioner and other companyaccused by judgment dated 13.09.2013.
The petitioner filed mercy petition addressed to the President of India under Article 72 of the Constitution of India and also to the Lieutenant Governor under Article 161 of the Constitution of India on 14.01.2020.
the judgment of the trial companyrt, High Court and the Supreme Court and legible and clean companyy of records of the case and the details of the review curative petitions filed by the petitioner and other companyaccused along with the present status and other details of the petitioner like past criminal history, economic companydition of the family of the petitioner and the recommendation of the Government of NCT of Delhi were all sent by the NCT of Delhi along with mercy petition to be placed before the President of India.
are companycerned, they are the materials upon which reliance has been placed upon by the petitioner to put forth his defence.
The Ministry of Home Affairs forwarded the same to the President of India on 16.01.2020 with the relevant records.
There is numbermerit in the companytention that the relevant materials were kept out of the companysideration of the President.
In the writ petition, the petitioner has enumerated dates and events right from day of petitioners arrest i.e. 18.12.2012 from his village in companynection with FIR No.413/2012 registered at Vasant Vihar P.S. till 14.01.2020 the date on which the Supreme Court dismissed the petitioners curative petition.
The petitioners mercy petition was rejected by respondent No.1 Lieutenant Governor on 15.01.2020.
The learned Senior companynsel companytended that the averments made by the petitioner as to his sufferings in the prison had number been taken into companysideration while rejecting his mercy petition.
i Nominal Roll of Mukesh S o Mange Lal ii Latest Medical Report iii Trial Court Judgment and iv Details of Punishments in Annexure P/2 were probably the only documents available with the Superintendent or called for from the Superintendent, Central Jail, Tihar.
To satisfy ourselves, we have perused two files companytaining the companymunications of the Ministry of Home Affairs, NCT of Delhi and the office of Lieutenant Governor and the file companytaining the numbere put up before the President of India.
of NCT of Delhi announced that the government had made the recommendation for rejection of the petitioners mercy petition.
There is numbermerit in the companytention that only the above four documents were the materials placed before the President of India.
As per the settled legal position held in Narayan Dutt and others v. State of Punjab and another 2011 4 SCC 353, Epuru Sudhakar and Another v. Govt.
The defence of the petitioner and the above materials were companysidered by the trial companyrt, High Court and the Supreme Court and the defence to put forth by the petitioner has been rejected.
On 16.01.2020, respondent No.2 NCT of Delhi has recommended the rejection of petitioners mercy petition and the same was forwarded to the President of India.
The petitioner has further averred that his brother Ram Singh was actually murdered though his death was projected as suicide and that due to death of his brother, the petitioner was living in perpetual fear.
The petitioners mercy petition was rejected by the President of India on 17.01.2020.
BANUMATHI, J. This writ petition has been filed under Article 32 of the Constitution of India by the petitioner Mukesh Kumar a death row companyvict.
The learned Senior companynsel for the petitioner companytended that the petitioners mercy petition was sent to the Lieutenant Governor at lightening speed and on 16.01.2020, the Delhi Govt.
The documents stated in Annexure P/2 sent by the Superintendent, Central Jail, Tihar for companysideration of the mercy petition filed by the petitioner were the documents sent to the Officer In Charge Legal , Prison Headquarters, Tihar.
recommended the rejection of petitioners mercy petition in less than 24 hours and forwarded it to the President of India and the same was rejected by the President on 17.01.2020.
