Enough, SC tells Dhananjoy counsel, leaves it to Prez

The Supreme Court today declined to entertain Chatterjee’s petition as Kalam is considering the plea.

A vacation bench, comprising Justices K.G. Balakrishnan and P. Venkatarama Reddi, ruled: ‘‘In view of the fact that the President of India is seized of the matter under Article 72 of the Constitution, we close the matter at this stage.’’

Senior counsel Tara Chand Sharma, appearing for the West Bengal Government, had submitted that a mercy petition of the accused was before the President and the matter was being considered under Article 72.

‘‘When such a petition is before the President, they should not have bothered you under Article 32 of the Constitution. The President had rejected the mercy petition twice earlier. This is the third time,’’ he said. ‘‘How many mercy petitions will he file? There must be an end to it,’’ he added.

Sharma also told the court that the convict had deliberately not informed the Calcutta High Court about the rejection of his first mercy petition by the Governor and enjoyed the stay on his execution for eight years. Delay caused in this manner cannot be a ground for claiming relief, he said.

‘‘We have received a letter from the Deputy Secretary, Home, saying that the matter is under consideration of the President,’’ Sharma said.

The petitioner’s counsel Colin Gonsalves cited a ruling of the apex court in a similar case and urged the court to keep the petition alive but Justice K.G. Balakrishnan cut him short, saying, ‘‘We don’t pass similar orders.’’ The facts were different in that case, he said.

When Justice Balakrishnan began dictating the order, Gonsalves pleaded for liberty to file a fresh petition. ‘‘We don’t grant any liberty. How many times do you want to move the apex court,’’ the Judge said.

In a last minute reprieve, the Rashtrapati Bhavan had sent a communique to the state government yesterday, asking to stay the execution slated for today until the President decides on the mercy petition moved by the convict’s mother Belarani Chatterjee and wife Purnima on June 17.

All arrangements had been done for executing Chatterjee at Alipur Central Jail today.