R.BANUMATHI, ASHOK BHUSHAN, A.S. BOPANNA
MUKESH KUMAR – Appellant
Versus
UNION OF INDIA – Respondent
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
Mukesh and Another v. State (NCT of Delhi) and Others (2017) 6 SCC 1 – Referred [Para 2]
Sunil Batra v. Delhi Administration and Others (1978) 4 SCC 494 – Referred [Para 6]
Kehar Singh v. Union of India (1989) 1 SCC 204 – Referred [Para 11]
Devender Pal Singh Bhullar v. State of (NCT of Delhi) (2013) 6 SCC 195 [Para 10]
Shatrughan Chauhan and another v. Union of India and others (2014) 3 SCC 1 – Relied [Para 11]
Satpal v. State of Haryana (2000) 5 SCC 170 – Relied [Para 13]
Bikas Chatterjee v. Union of India and Another (2004) 7 SCC 634 – Relied [Para 13]
Epuru Sudhakar and Another v. Govt. of A.P. and Others (2006) 8 SCC 161 – Relied [Para 20]
Narayan Dutt and others v. State of Punjab and another (2011) 4 SCC 353 – Relied [Para 31]
Maru Ram v. Union of India and others (1981) 1 SCC 107 – Relied [Para 34]
Sunil Batra v. Delhi Administration and Others (1978) 4 SCC 494 – Relied [Para 6]
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.