New Delhi: The Supreme Court dismissed Friday the plea of Vinay Kumar Sharma, one of the four death row convicts in the Nirbhaya gangrape and murder case, challenging the rejection of his mercy petition by President Ram Nath Kovind. In the plea, Vinay said that the rejection of the petition was done in a ‘mala fide’ manner.
A bench of Justices R Banumathi, Ashok Bhushan and AS Bopanna said no ground was made out for judicial review of the rejection of the mercy petition by Vinay, one of the four death row convicts in the 2012 case.
“The note put up before the President of India is a detailed one and all the relevant materials were placed before him and upon consideration of same, the mercy petition was rejected,” the bench said.
“We do not find any ground for exercise of judicial review of the order of the President of India rejecting the petitioner’s mercy petition and this writ petition is liable to be dismissed,” it added.
“All material including Vinay’s medical report was placed before the President, who did apply his mind in rejection of the mercy plea,” it further said.
The apex court also dismissed the contention of Sharma that he is mentally ill. It said that his medical report suggests he is stable.
A trial court here had January 31 stayed ‘till further orders’ execution of the four convicts in the case – Mukesh Kumar Singh (32), Pawan Gupta (25), Vinay (26) and Akshay Kumar (31), who are lodged in Tihar Jail.
Vinay had claimed Thursday that while rejecting his mercy plea President Ram Nath Kovind did not consider his mental illness following torture in jail, an allegation denied by the Centre which said ‘he is fit and has sound mind’.
Through his counsel, Vinay made a last ditch effort to escape from the gallows claiming that all the relevant records were not brought before the President including that he had been subjected to torture and ill-treatment in jail due to which he had developed mental illness.
The Centre however opposed his claim and produced a medical report dated February 12 which said he was fit and had a sound mind.
The top court had also rejected Sharma’s counsel AP Singh’s request to peruse the original file of recommendation made by Lieutenant Governor and Delhi Home Minister Satyendra Jain for rejection of his mercy petition.
Singh contended that signatures of Delhi home minister and LG were not obtained on the original files recommending rejection of mercy petition of Sharma.
Solicitor General Tushar Mehta, appearing for the Centre and NCT of Delhi, opposed the arguments of Singh and said that signatures were obtained on the original files and submitted the documents for the perusal of the court.
Singh argued that there was history of physical assaults on Sharma and his medical records establish that he was taken for psychiatric treatment several times. Mehta opposed the arguments saying all due process of law was followed.
The apex court had earlier dismissed a plea filed by Mukesh challenging the rejection of his mercy petition by the President.
Pawan has not yet filed a curative petition – the last and final legal remedy available to a person which is decided in-chamber. Pawan also has the option of filing a mercy plea. The mercy petition of Akshay was also rejected by the President.
Agencies
