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Supreme Court of India 2020-03-20 dismissed

PAWAN KUMAR GUPTA vs STATE OF NCT OF DELHI

Bench: 3 — R. Banumathi, Ashok Bhushan, A.S. Bopanna

In Brief

Pawan Kumar Gupta challenged the President's rejection of his mercy petition, claiming juvenility, torture in prison, and lack of common intention with co-accused. The Supreme Court held that judicial review of mercy petition rejection is strictly limited to grounds of non-application of mind, mala fides, extraneous considerations, or arbitrariness. The Court found that juvenility was already finally determined and rejected in earlier proceedings; prison conditions and torture are not valid grounds for mercy petition review; and absence of common intention had been considered by trial and appellate courts. Following settled law, the Court presumed the President acted carefully and dismissed the petition.

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Mercy Petition Constitutional Law Juvenile Justice Capital Punishment Judicial Review

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