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2020 Supreme(SC) 152

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


Advocates Appeared:
For the Petitioner(s):Dr. A.P. Singh, V.P. Singh, Geeta Chauhan, Richa Singh, Pratima Rani, Sadashiv, Advocates
For the Respondent(s):Tushar Mehta, SG Chirag M. Shroff, Kanu Agrawal, Swati Ghildiyal, B.V. Balaram Das, Seema Kushwaha, Yashika Verma, Abhilasha Bharti, Advocates

ORDER

R. BANUMATHI, J.

This writ petition has been filed under Article 32 of the Constitution of India by the petitioner-Vinay Sharma – 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 grounds:-

    (i) Non-furnishing of relevant materials under RTI Act;

    (ii) non-consideration of relevant material; (iii) torture; (iv) mental illness; (v) consideration of irrelevant material by the respondent authorities; and (vi) illegal solitary confinement.

2. The petitioner is a death-row convict in Nirbhaya’s case which relates to the gang rape of the victim in the moving bus in Delhi on the night of 16/17.12.2012. The trial court by its judgment dated 10.09.2013 convicted the petitioner and other co-accused in SC No.114 of 2013 under Sections 120-B, 365, 366 read with Section 120-B IPC, 307 read with Section 120-B IPC, 376(2)(g), 377 read with Section 120-B IPC, 302 read with Section 120-B IPC, 395, 397 read with Section 120-B IPC, 201 read with Section 120-B IPC and 412 IPC. The trial court imposed the death sentence on the petitioner and other co-a


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