Nirbhaya case: SC order reserved till tomorrow on death row convict Mukesh Singh's plea

A three-judge bench, headed by Justice R Banumathi, heard detailed arguments and submissions from both the convict and the prosecution side.

On Tuesday, Apex Court also decided to go through the two original files containing the list of documents and notings, sent to the President in deciding the mercy petition of Mukesh, sentenced to be hanged on February 1, Saturday.

Solicitor General Tushar Mehta, appearing for the Delhi government, opposed the plea of Mukesh, affirming this is a case where everything is crystal clear and evidences are solid against the convict. "The rejection of the mercy petition is purely valid and proper by the President of India," he said.

The SG submitted that abuse cannot be taken as ground to claim mercy.

Expeditious disposal of mercy petition can not be an argument since every day's delay has a dehumanising effect. Mukesh K Singh told Apex Court that the Presidential rejection of his mercy plea was on extraneous consideration.

"It was mala fide, arbitrary & without materials," counsel for Mukesh contended.

There are certain supervening circumstances, including solitary confinement & procedural lapses, ignored, the lawyer for Mukesh submitted.
Death sentences could, the counsel said, be awarded on solid reasons but the President on his own wisdom can grant the person pardon.