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In this Nirbhaya Case as the verdict has already been given and four convicts named Mukesh, Akshay Singh, Pawan Gupta and Vinay Sharma were convicted death sentence. Senior Advocate from the defendent Mukesh's side submitted before the Supreme Court bench comprising Justice R Bhanumati, Ashok Bhushan, AS Bopannah that decisions of the President are open to human mistakes and could be susceptible, mentioning the precedents of SC in Kehar Singh Vs Union Of India(1989) 1 SCC204 and Shtrughan Chauhan Case. He contended before the court that all documents that has important say in the decision making by the President for granting mercy were not summitted before the President.
Even the trial court judgement was not placed before the President , he further added. Also He backed his arguments with RTI report which he says revealed the same. In the above mentioned case of Shatrughan Chauhan jailor's report was also sent before the President unlike in this present case. Along with his other arguments Prakash mentioned about his client Mukesh's sufferings in the jail. He contended that Mukesh suffered sexual abuse and cruelty in the jail also he was sent into solitary confinement before the mercy petition was reject which completely breache the norms of solitary confinement which by rule should be given after the mercy plea gets rejected.
In reply to submissions Solicitor General Tushar Mehta asserted the facts that all necessary documents that stand a say in President's decision making were placed before him and backed it by an affidavit. He also argued that petitioner's argument and submissions which says that President did not take enough time to reject the plea makes it an expedite decision does not hold any ground and therefore cannot challenge the decision of President as senior Advocate Prakash mentioned the precedent of SC in Eupuru Sudhakar and anr. Vs Governement of Andra Pradesh and ors. in which it was held that President's decision is subject to judicial review. Also SG further added to his argument that Mukesh faced sexual abuse and cruelty in jail does not make any ground for granting him mercy by the President. He also said that all the documents which were available with the jail authorities were placed before the President.
The execution of death sentence was already extended by the court till 1st February 2020 in this case . Also, other three convicts have not yet summitted their mercy petition. Therefore the bench has kept his judgement to be revealed later.
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