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Supreme Court of India · 20/03/2020

PAWAN KUMAR GUPTA versus STATE OF NCT OF DELHI

[2020] 4 S.C.R. 1055 · 2020 INSC 324

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Summary

The Supreme Court dismissed Pawan Kumar Gupta’s challenge to rejection of his mercy petition. Judicial review of clemency is confined to recognised defects such as non-application of mind, mala fides, irrelevant considerations, exclusion of relevant material or arbitrariness. His juvenility plea had already been considered and rejected, and the common-intention argument revisited concluded criminal findings. No basis was established for finding that the President had considered the petition without an open mind.

Issues

  1. Whether the grounds advanced justified judicial review of rejection of the mercy petition.
  2. Whether the juvenility, prison-treatment, common-intention or press-report contentions warranted interference.

Held

Result

Writ petition dismissed; rejection of the mercy petition left undisturbed.

Judgment PDF: Supreme Court of India, [2020] 4 S.C.R. 1055.