No judicial review for swift rejection

Speaking for the bench, Justice Banumathi said, “merely because there was quick consideration and rejection of the petitioner’s mercy petition, it cannot be assumed that the matter was preceded with pre-determined mind.”

The court further said that the “quick consideration of mercy petition and swift rejection of the same cannot be a ground for judicial review. Nor does it suggest that there was pre-determined mind and non-application of mind.”

Holding that the swift rejection of the mercy petition could not be a ground for judicial reconsideration of the Presidential order, the court noted solicitor-general Tushar Mehta’s submission that delay in disposal of mercy petition may be a ground calling for judicial review of the order passed under Article 72/161 of the Constitution.

Referring to Mukesh’s contention that he was subjected to indignities in prison, including being beaten up in prison and being sexually harassed, the Supreme Court said, “alleged sufferings in prison cannot be a ground for judicial review of executive order passed, rejecting the petitioner’s mercy petition.”

Meanwhile, the Supreme Court will on Thursday consider the curative petition by Akshay Kumar Singh, one of four death row convicts in Nirbhaya case.

The curative petition, last of legal remedies available to a litigant in court of law, would be considered by the judges in their chambers. Akshay Singh has contended that capital punishment is being awarded in courts as a panacea for public pressure and public opinion on violence against women.