Mother of the condemned prisoner vs The State

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1990 Supreme(Online)(Guj) 2

GUJARAT HIGH COURT
M.D. Pandya, J
Mother of the condemned prisoner – Appellant
Versus
The State – Respondent

Advocates:
For the Appellants/Petitioners: Mr. Nanavaty
For the Respondents: Mr. M.D. Pandya

Table of Content
1. overview of the condemned prisoner's history and plea for mercy. (Para 1 , 2)
2. examination of past mercy petitions and judicial review processes. (Para 3 , 4)
3. discussion on the president's discretion and the assignment of independent power. (Para 5 , 6 , 7)
4. final ruling and affirming the dismissal based on established legal precedents. (Para 8 , 9)

1. The mother of the condemned prisoner, who is the petitioner herein has filed this Special Criminal Application under Art.226 of the Constitution read with Arts.14 and 21 for issuing a writ, of mandamus or any other appropriate writ, order or directions directing His Excellency the President of India to consider again the Mercy Petitions of the convict dated 7-8-1982, 18-10-1985 and 10-5-1989 preferred by the petitioner in the light of the judgement of Kerharsingh reported in 1989 (1) SCC 204 . Consequently, the prayer for staying the execution and implementation of the order of hanging the accused Shashikant Keshavlal Parmar to death scheduled on 23-6-1989 at 7-00 a.m. at Rajkot District Jail is prayed for. The petitioner had earlier filed Special Criminal Application No. 1286 of 1988 praying the very same reli