ORDER :

1. In this writ petition filed under Article 32 of the Constitution of India, the petitioner Pawan Kumar Gupta has challenged rejection of mercy petition by His Excellency the President of India inter-alia on various grounds; that settled principles of consideration of mercy petition have not been followed. The contention of the petitioner is that the petitioner’s plea of juvenility has not been finally determined and this aspect was not kept in view by His Excellency the President of India.

2. By the order of Hon’ble the Chief Justice of India, this Bench has been constituted and we held the sitting at 2.30 a.m. on 20.03.2020.

3. We have heard Dr. A.P. Singh and Mr. Shams Khwaja, learned counsel appearing for the petitioner/convict Pawan Kumar Gupta. We have also heard Mr. Tushar Mehta, learned Solicitor General appearing for Union of India and also for NCT of Delhi. The matter was heard from 2.30 am till 3.15 a.m.

4. We have carefully gone through the grounds raised by the petitioner and also submissions of the learned counsel appearing for the parties and perused the materials on record.

5. The petitioner has filed a mercy petition on 02.03.2020 and same was rejected by His E