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2020 Supreme(SC) 86

R.BANUMATHI, ASHOK BHUSHAN, A.S. BOPANNA
MUKESH KUMAR – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioner(s):Anjana Prakash, Rebecca John, Vrinda Grover, Siddhartha Sharma, Mrigank Prabhakar, Naulshree Pathak, Harsh Bora, Ratha Appnender, Praavita kashyap, Joshika Saraf, Gautam Prabhakar, Sakshi Banga, Tanima Kishore, Advocates
For the Respondent(s):Tushar Mehta, Chirag M. Shroff, Supriya Juneja, Swati Ghildiyal, Kanu Agrawal, Jitendra Kr. Jha, Seema Koshwaha, S. Nayanam, Abhilasha Bharti, Vandana Ranjan, Rajat Nair, B.V. Balaram Das, Advocates

ORDER

R. BANUMATHI, J.

This writ petition has been filed under Article 32 of the Constitution of India by the petitioner-Mukesh Kumar - a death-row convict. The petitioner has filed the writ petition challenging the rejection of his mercy petition by the President of India and seeking commutation of his death sentence inter alia on the following grounds:-

    (i) Relevant materials were not placed before the President of India and they were kept out of consideration while considering the mercy petition;

    (ii) The mercy petition was rejected swiftly and there was pre-determined stance and complete non-application of mind in rejection of the mercy petition;

    (iii) Solitary confinement of the petitioner for more than one and half years due to which the petitioner has developed severe psychiatric ailments;

    (iv) Non-consideration of relevant circumstances like prisoners’ suffering in the prison and consideration of extraneous and irrelevant circumstances; and

    (v) Non-observance of established rules and guidelines in considering the petitioner’s mercy petition.

2. The present writ petition relates to rejection of petitioner’s mercy petition by the President of India. The petitioner is a death- row


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