NDLI: Vinay Sharma Vs. Union of India and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Grounds of Non Furnishing
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Petition Dismissed
Headnote	Constitution of India: Art.72 – Writ petition challenging therejection of mercy petition by the President of India and seekingcommutation of death sentence inter alia on the grounds of nonfurnishing of relevant materials under the RTI Act, non-consideration of relevant material, torture, mental illness, illegalsolitary confinement – Held: In the writ petition filed u/Art.32 seekingjudicial review of the order of the President passed u/Art.72, thescope is very limited and the Court is called upon to examine:- wherethe order has been passed without application of mind; where theorder has been passed on extraneous or wholly irrelevantconsiderations; that relevant materials are kept out considerationand the order suffers from arbitrariness – In the instant case, thecase records, judgments of trial court, High Court and SupremeCourt, clean copy of records of the case, Nominal Roll of thepetitioner, medical report of the petitioner, Social InvestigationReport and other relevant documents were forwarded to the Ministryof Home Affairs – Recommendation by the Lieutenant Governorand Home Minister for rejection of mercy petition was made afterperusing the file and therefore plea of non-application of mind ontheir part is not tenable – All the documents along with the mercypetition were taken into consideration – Medical report of thepetitioner along with the treatment and his latest report was placedbefore the President – Alleged suffering of the petitioner in the prisoncannot be ground for judicial review of the executive order passedu/Art.72 – When the highest constitutional authority, upon perusalof the Note and the various documents placed along with the mercypetition, took decision to reject the mercy petition, it cannot becontended that the highest constitutional authority had not appliedits mind to the documents – While forwarding the mercy petition, theSocial Investigation Report of the petitioner containing the economicconditions of the family was also enclosed – It is also clear from theaffidavit of Prison Authority, that the petitioner was not kept insolitary confinement, rather he was kept in protective custody whichwas for his own benefit and also for ensuring the security – TheNote put up before the President is detailed one and all the relevantmaterials were placed before the President and upon considerationof same, the mercy petition was rejected – No ground for exerciseof judicial review of the order rejecting the petitioner’s mercy petitionwas made out – Writ petition dismissed – Administrative law – Judicialreview.
Judge	Hon'ble Ms. Justice R. Banumathi
Neutral Citation	2020 INSC 184
Petitioner	Vinay Sharma
Respondent	Union Of India And Others
SCR	[2020] 10 S.C.R. 393
Judgement Date	2020-02-14
Case Number	65

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