New Delhi: The Supreme Court this morning dismissed the plea of Nirbhaya case death row convict Mukesh Singh against the rejection of mercy petition by the President, saying all relevant records, the verdict of courts were placed by Ministry of Home Affairs (MHA) before Ram Nath Kovind.
Dismissing the petition of 2012 Delhi gangrape convict Mukesh Singh, the Supreme Court said there is no merit in the contention. “Alleged sufferings in jail can’t be grounds to challenge the rejection of mercy plea by President,” the Supreme Court said. The Supreme Court also said that expeditious disposal of mercy plea doesn’t mean non-application of mind by President. A three-judge Bench headed by Justice R. Banumathi pronounced the verdict on convict Mukesh Kumar Singh’s plea.
Mukesh claimed that he was sexually assaulted in Tihar Jail. Mukesh Singh’s lawyer Anjana Prakash made the claim. Mukesh Singh was mercilessly beaten when he first arrived in Tihar jail, claimed his lawyer.
The Supreme Court had on Tuesday reserved verdict on a plea of one of the four death row convicts in the Nirbhaya gang-rape and murder case, challenging the rejection of his mercy petition by the President. President Ram Nath Kovind had rejected the mercy petition of Mukesh on Jan. 17. The four death row convicts in the case are scheduled to be hanged on Feb. 1.
Appearing for Mukesh Singh, his advocate Anjana Prakash alleged procedural lapses in dealing with his mercy plea by President and said exercise of power by President falls under purview of court’s judicial review right. The Apex Court questioned how the convict can allege ‘non application of mind’ by the President in rejecting his mercy petition.
While Mukesh Singh has exhausted almost all legal options, another death row convicts in the Nirbhaya case approached the Supreme Court this morning with a curative petition. Advocate A.P. Singh, representing convict Akshay Kumar, said he has filed a curative plea and the SC registry has sought some more documents along with the petition.
“I have approached the SC registry with curative petition today. The registry has asked me to file some additional documents along with the petition and I am in the process of completing the formalities,” Singh told reporters.
So far, the curative petitions filed by two convicts — Vinay and Mukesh — in the case have already been dismissed by the Supreme Court. Curative petition is the last legal recourse available to a person in a court of law.
This post was published on January 29, 2020 6:49 pm