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Nirbhaya case: SC dismisses plea of death row convict Mukesh against rejection of mercy petition

A three-judge bench headed by Justice R Banumathi said that expeditious disposal of mercy plea by the President doesn't mean non-application of mind by him.

Published: 29th January 2020 10:56 AM  |   Last Updated: 29th January 2020 12:05 PM   |  A+A-

Nirbhaya's mother Asha Devi (C) at supreme Court on Wednesday. (Photo | Parveen Negi, EPS)

By Express News Service

NEW DELHI: The Supreme Court on Wednesday dismissed a petition filed by Nirbhaya rape and murder convict, Mukesh Kumar Singh who challenged the rejection of his mercy petition by President Ram Nath Kovind.

A three-judge bench headed by Justice R Banumathi stated that the alleged torture can't be ground and all documents were placed before the President and he had taken them into consideration.

The bench also refused to review the President’s order, the bench said, “Mukesh being tortured inside the prison can't be a ground to review the President's order.”

“Quick consideration can't mean no application of mind,” the bench ruled.

With today’s ruling Mukesh Singh has exhausted all legal remedies. Another convict in the Nirbhaya rape and murder case, Akshay Kumar Singh has filed a curative petition, which will be heard on Thursday.

ALSO READ | Nirbhaya rapist on death row claims 'forced to have sex' with co-convict in jail

Nirbhaya rape and murder case convicts -- Mukesh Kumar Singh, Pawan Kumar Gupta, Vinay Kumar Sharma, and Akshay Kumar Singh -- are scheduled to be hanged on February 1.

Mukesh Singh had earlier moved the mercy petition before the President after the Supreme Court had dismissed his curative petition against his conviction and death sentence. President Ram Nath Kovind had, however, rejected the death row convict's mercy plea.

Appearing on behalf of Mukesh Singh, Advocate Anjana Prakash alleged that the Nirbhaya case death row convict was physically and sexually assaulted at Tihar Jail and put under solitary confinement.

Anjana Prakash has also alleged that in the jail, Mukesh Singh was forced to have intercourse with another convict in the Nirbhaya rape case. She added that the medical records had not been sent to the President for consideration of his mercy plea.

Solicitor General Tushar Mehta, appearing on behalf of the Delhi government, said that even death convicts have to be treated fairly under Article 21 of the Indian Constitution. He highlighted that the trial court, Delhi High court, and the Supreme Court had awarded and upheld the death penalty to the convicts in the case while considering their medical condition.

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