Akshay Kumar Singh vs Union of India & Ors.

Court

Supreme Court of India

Date

19 March 2020

Case No.

Writ Petition (Criminal) No. 121 of 2020

Result

Dismissed

Bench

R. Banumathi, Ashok Bhushan, A.S. Bopanna

Citation

[2020] 4 S.C.R. 546 : 2020 INSC 312

Headnote

Nirbhaya Case – Order rejecting mercy petition by the President of India – Judicial review of – Writ petition filed u/Art.32 by one of the convict – Held: Exercise of power of judicial review of the decision taken by the President of India in Mercy Petition is very limited – Considering the grounds raised by the petitioner, no ground to hold that there was non-application of mind by the President of India – Constitution of India – Art.32 – Code of Criminal Procedure, 1973 – ss. 432, 433.

Epuru Sudhakar and Another v. Govt. of A.P. and Ors. (2006) 8 SCC 161 : [2006] 7 Suppl. SCR 81 – relied on.

Sunil Batra v. Delhi Administration (1978) 4 SCC 494 : [1979] 1 SCR 392; Shatrughan Chauhan &Anr. v. Union of India & Ors. (2014) 3 SCC 1 : [2014] 1 SCR

609 – referred to.

The following Order of the Court was passed: ORDER 1. We have heard Dr. A.P. Singh, learned counsel appearing for the Akshay Kumar Singh-the convict. 2. In this writ petition filed under Article 32 of the Constitution of India, the petitioner challenges the order of rejection of his mercy petition by His Excellency the President of India, inter alia, on various grounds that the settled principles of consideration of mercy petition have not been followed. 3. The petitioner has earlier sent the mercy petition on 31.01.2020 and the same was incomplete. In this regard, the petitioner’s counsel

View Subscription Plans →