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Journalism of Courage
The Supreme Court Tuesday reserved its verdict on a petition by December 16, 2012 gangrape-murder convict Mukesh Kumar Singh, who had challenged the dismissal of his mercy plea by President Ram Nath Kovind. The court will pass its order on Wednesday.
Questioning Mukesh’s allegation of “non-application of mind” by the President in rejecting his mercy plea, a 3-judge bench headed by Justice R Banumathi said all aspects raised by the convict had been considered by the trial court, High Court and the apex court.
“How can you say that these facts were not placed before his excellency the President? How can you say that there was non-application of mind by the President,” the bench, also comprising justices Ashok Bhushan and AS Bopanna, asked Mukesh’s counsel.
To this, Mukesh’s counsel said all facts were not placed before the President — a charge rejected by Solicitor General Tushar Mehta. “How the President decides the mercy plea is up to him and no rules can be laid down,” Mehta said. The President had rejected his mercy plea on January 17.
Mukesh’s lawyers also said he was sent to solitary confinement even before his mercy plea was rejected, which was a violation of norms. Mukesh also told the SC bench he was repeatedly sexually abused in prison.
Seeking dismissal of his petition, the Centre said being ill-treated in prison could not be a ground for mercy to one who had committed such a heinous crime.
“Arguments of the convict is centred on two points — value of life and how to treat human life. It’s ironic of this convict to speak of the value of human life and how to treat human life after committing such a heinous crime,” the Solicitor General said.
“Claims that a convict was abused in prison no ground for seeking mercy. He could have complained to the authorities or the court for redressal,” Mehta further said.
On January 14, a five-judge Bench in the SC had rejected the curative petitions filed by Mukesh and co-convict Vinay Kumar Sharma. On January 7, a Delhi court had issued death warrants against Sharma and Kumar and the two other co-convicts, Akshay Kumar Singh and Pawan Gupta. They were set to be hanged in Tihar jail on January 22.
However, with the convicts filing one petition after the other, the January 22 date had to be postponed. A fresh date had been fixed for February 1.
The case dates back to December 16, 2012, when a 23-year-old woman was gangraped and assaulted inside a moving bus in South Delhi by six persons, before being thrown out on the road. She died on December 29, 2012, at a hospital in Singapore.
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