[Nirbhaya] SC Hearing On Convict Vinay's Plea Against Rejection of Mercy Petition-[Live-Updates]

“We have not considered any material which is extraneous. Everyone has applied his mind. The guidelines have been followed. Everything has been done. And after that, the President has rejected the petitions. That is my submission.”

SC Reserves Judgment. Will be pronounced Tomorrow

“He has been regularly checked. There is a jail psychiatrist and everybody is checked; these are routine check-ups. The latest medical report also shows that he has been found to be in good physical health.”

SG then provides the back file of MHA as well as a short reply on the allegation of keeping Vinay Sharma in solitary confinement.

SG then shows the Bench the signature of the Home Minister of Delhi and the LG. He states that the former’s is a digital signature, which is why it does not seem original.

The new grounds include the days that have been passed in prison as well as the economic background of his family. The recommendation yet again states that this is a rarest of the rare crime as the DNA found on Vinay Sharma matches that of the victim, and the objects stolen from the victim have been found at Vinay’s residence. This recommendation is given to the President.

A new mercy petition is then filed by Vinay, and the entire process is reiterated. This petition also has fresh grounds.

SG reads out the recommendation which states that the mercy petition is not worth granting clemency as it falls in the category of the “rarest of rare” crime.

SG Tushar Mehta begins his submissions.

SG apprises the Court about the documents, including family details, guidelines that must be followed, recommendation etc. that are placed on record for proper application of mind.

These are placed before the Home Minister who doesn’t immediately dispose of this. There is a detailed discussion which takes place and then recommendation is made.

Singh brings the court back to the point of how all prisoners are entitled to the usage of the RTI Act, despite their status as a prisoner.

“Audi alteram partem” is the principle that must be followed. “Can advocacy be done without information?”, says Singh.

Singh starts talking about the options available to the convicts.

SG states, “Which mercy petition will be filed ? Pawan is the only one left, and you left Pawan.”