SC dismisses Dec 16 gang rape convict’s plea challenging rejection of mercy

The Supreme Court, on Friday, dismissed the plea of Vinay Sharma — one of the four death-row convicts in the 2012 Delhi gang-rape and murder case — challenging the

The Supreme Court, on Friday, dismissed the plea of Vinay Sharma — one of the four death-row convicts in the 2012 Delhi gang-rape and murder case — challenging the rejection of his mercy petition by the President, alleging that it was done in a “mala fide” manner.

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A bench comprising justices R Banumathi, Ashok Bhushan and A S Bopanna said no ground was made out for judicial review of the rejection of the mercy petition of Sharma.“The note put up before the President of India is a detailed one and all the relevant materials were placed before the President and upon consideration of same, the mercy petition was rejected,” the bench said. “We do not find any ground for exercise of judicial review of the order of the President of India rejecting the petitioner’s mercy petition and this writ petition is liable to be dismissed,” it added.

All material, including Sharma’s medical report, was placed before the President, who did apply his mind while rejecting the mercy plea, it said. The apex court also dismissed the contention of Sharma that he is mentally ill, saying the medical report suggests otherwise.

The trial court had, on January 31, stayed “till further orders” the execution of the four convicts in the case, namely Mukesh Kumar Singh (32), Pawan Gupta (25), Vinay Kumar Sharma (26) and Akshay Kumar (31), who are lodged in Tihar Jail.

Sharma claimed that while rejecting his mercy plea, the President did not consider his mental illness, following torture in jail, an allegation denied by the Centre, which claimed that “he is fit and has sound mind”.

Through his counsel, Sharma made a last-ditch effort to escape the gallows, claiming that all the relevant records were not brought before the President, including the ones that proved that he had been subjected to torture and ill-treatment in jail leading to his mental illness.The Centre however had opposed his claim and produced a medical report dated February 12 that stated that he was fit and had a sound mind.

The top court had also rejected Sharma’s counsel A P Singh’s request to peruse the original file of the recommendation made by the Lieutenant Governor(L-G) and Delhi home minister Satyendra Jain for the rejection of his mercy petition. Singh contended that signatures of Delhi home minister and L-G were not obtained on the original files recommending the rejection of mercy petition of Sharma.

Solicitor General Tushar Mehta, appearing for the Centre and the National Capital Territory of Delhi, opposed the arguments of Singh and said that signatures were obtained on the original files and the documents were submitted for the perusal of the court.

Singh argued that there was history of physical assaults on Sharma and his medical records establish that he was taken for psychiatric treatment several times. Mehta opposed the arguments saying all due processes of law were followed.

The apex court had earlier dismissed a plea filed by Mukesh, challenging the rejection of his mercy petition by the President. Pawan has not yet filed a curative petition — the last and final legal remedy available to a person— which is decided in-chamber. Pawan also has the option of filing a mercy plea. The mercy petition of Akshay has also been also rejected by the President.

On December 16, 2012, a 23-year-old physiotherapy intern was gang-raped and severely assaulted in a moving bus in South Delhi. She died of her injuries a fortnight later in a Singapore hospital.Six people, including the four convicts, Ram Singh, and a juvenile were named as the accused in the case.

The trial of the five adult men began in a special fast-track court in March 2013. Ram Singh, the prime accused, allegedly committed suicide by hanging himself in Tihar jail days after the trial began.

The juvenile, who was said to be the most brutal of the attackers, was put in a correctional home for three years. The juvenile was released in 2015 and sent to an undisclosed location amid concerns over a threat to his life. When released, he was 20 years of age.

SC judge faints in courtroom

Supreme Court judge, Justice R Banumathi, fainted in the courtroom on Friday while dictating the order on the Centre’s plea seeking separate hanging of the four death row convicts in the Nirbhaya gang rape and murder case. Justice Banumathi soon regained consciousness and was taken to the chamber by other judges on the dais and Supreme Court staff. She was taken on a wheel chair for medical treatment.

Justice A S Bopanna, while rising, said that the order in the matter will be passed in-chamber. Justice Ashok Bhushan was also a part of the three-judge bench hearing the matter.