Take the pledge to vote

For a better tommorow#AajSawaroApnaKal
  • I agree to receive emails from News18

  • I promise to vote in this year's elections no matter what the odds are.
  • Please check above checkbox.

    SUBMIT

Thank you for
taking the pledge

Vote responsibly as each vote counts
and makes a diffrence

Disclaimer:

Issued in public interest by HDFC Life. HDFC Life Insurance Company Limited (Formerly HDFC Standard Life Insurance Company Limited) (“HDFC Life”). CIN: L65110MH2000PLC128245, IRDAI Reg. No. 101 . The name/letters "HDFC" in the name/logo of the company belongs to Housing Development Finance Corporation Limited ("HDFC Limited") and is used by HDFC Life under an agreement entered into with HDFC Limited. ARN EU/04/19/13618
News18 » India
1-min read

‘Non-Application of Mind’: Nirbhaya Case Convict Seeks Judicial Review of Rejected Mercy Plea

President Kovind had on January 17 rejected Mukesh Singh's plea, three days after it was filed.

News18.com

Updated:January 25, 2020, 5:51 PM IST
facebookTwitter Pocket whatsapp
‘Non-Application of Mind’: Nirbhaya Case Convict Seeks Judicial Review of Rejected Mercy Plea
File photo of Nirbhaya gang-rape and murder case convict Mukesh Singh (PTI)

New Delhi: A week after his mercy petition against the death sentence was turned down by President Ram Nath Kovind, Nirbhaya case convict Mukesh Singh has challenged the rejection on the grounds of “non-application of mind”.

President Kovind had on January 17 rejected the petition, three days after it was filed. The petition swiftly moved through all the steps as the Delhi government, the Lieutenant Governor and the union home ministry recommended rejection of the petition.

After the rejection, a Delhi court had issued a fresh death warrant for the four convicts - Mukesh Singh (32), Vinay Sharma (26), Akshay Kumar Singh (31) and Pawan Gupta (25) - in the 2012 gang-rape and murder case, which is set to be executed at 6am on February 1.

In his challenge to the mercy plea rejection, Mukesh Singh has argued non-application of mind, one of the five grounds on which judicial review of the order of the President or the Governor under Article 72 or Article 161, as the case may be, is available to death row inmates.

The other grounds are if the order is mala fide, the order has been passed on extraneous or wholly irrelevant considerations, that relevant materials have been kept out of consideration or if the order suffers from arbitrariness.

The latest development comes just hours after the public prosecutor, appearing for the Tihar jail authorities, claimed that the convicts are only adopting "delaying tactics".

The observation came after a Delhi court rejected a petition by the four convicts that sought directions to the prison authorities, alleging they were not handing over certain documents required to file mercy and curative petitions.

Only Mukesh Singh has filed a mercy petition till now. So, the remaining three can still file their own mercy pleas. Also, Akshay and Pawan have not yet filed any curative petitions. The curative petition filed by Vinay was rejected by the Supreme Court.

Support the daily wage earners who have been hit the hardest by the COVID-19 crisis. Click here to contribute to the cause. #IndiaGives

The daily News18 Coronavirus COVID-19 newsletter - Get your copy here.

Subscribe to News18 Daybreak. Follow us on Twitter, Instagram, Facebook, Telegram, TikTok and on YouTube

Read full article

Live TV

Countdown To Elections Results
To Assembly Elections 2018 Results

India

  • Active Cases

    5,095

     
  • Total Confirmed

    5,734

     
  • Cured/Discharged

    472

     
  • Total DEATHS

    166

     
Data Source: Ministry of Health and Family Welfare, India
Updated: April 09 (08:00 AM)
Hospitals & Testing centres

World

  • Active Cases

    1,099,679

     
  • Total Confirmed

    1,518,773

    +813
  • Cured/Discharged

    330,589

     
  • Total DEATHS

    88,505

    +50
Data Source: Johns Hopkins University, U.S. (www.jhu.edu)
Hospitals & Testing centres