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Supreme Court of India 2020-01-29 dismissed

Mukesh Kumar vs Union of India and Others

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

A death-row convict convicted of gang rape sought commutation of his death sentence, challenging the President's rejection of his mercy petition. He argued that relevant materials were not considered, the rejection was too swift, and that severe psychiatric ailments from solitary confinement warranted commutation. The Court dismissed the petition, holding that the speed of the President's consideration and rejection does not, by itself, justify judicial review or imply lack of application of mind. Where the record shows all relevant documents were considered, the President's discretionary decision under Article 72 cannot be challenged merely on grounds of expeditious disposal or alleged failure to consider circumstances.

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Criminal Procedure Constitutional Law Presidential Mercy Death Penalty Judicial Review Rape

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