SC rejects rapist’s plea on mercy

Another convict files curative petition in SC

The Supreme Court on Wednesday rejected a plea by Mukesh Kumar, a death row convict in the Nirbhaya case, challenging the rejection of his mercy petition by the President of India on the ground that all relevant material relating to the case was not placed before the President, and thus there was “non-application of mind” in treating his mercy plea.

Holding that all documents were taken into consideration by the President and a swift rejection

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 petition is liable to be dismissed

— SUPREME COURT

of mercy petition could not be a ground for its reconsideration by the Court, Justice R. Banumathi, Justice Ashok Bhushan and Justice A.S. Bopanna said in their order that there was no ground for exercise of judicial review of the President’s order rejecting a mercy petition.

“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 petition is liable to be dismissed,” the order pronounced today said.

The court in its order rejected all contentions of Mukesh, including that all relevant material relating to the case was not considered, rejection of mercy petition was done at a “lightning speed” with “pre-determined mind”, and thus, there was “nonapplication of mind”, his being kept in solitary confinement, subjected to indignities, including being repeatedly beaten up and sexually harassed in prison.

“The court shall keep in mind that where power is vested in a very high authority, it must be presumed that the said authority would act carefully after an objective consideration of all the aspects of the matter,” the order said, brushing aside the contention that the mercy petition was decided without considering the entire material.