The Supreme Court on Tuesday reserved its judgement on the plea filed by Nirbhaya gang rape and murder convict Mukesh Singh, that the Presidential rejection of his mercy petition had been erroneous and important documents hadn’t been considered. The judgement will now be delivered on Wednesday.
The convict argued that he had been kept in solitary confinement and sexually assaulted by the other prisoners at the Tihar jail. He also alleged that the prison staff, mercilessly tortured him.
This, he argued, the President had overlooked while rejecting the mercy petition filed by him and termed it as “arbitrary and malafide”.
Also Read: SC calls it top priority; to hear Nirbhaya convict Mukhesh Singh’s plea tomorrow.
“You are playing with somebody’s life. You have to apply your mind,” said Anjana Prakash, representing Mukesh.
“Do you mean the President has to look into every document and then decide,” questioned Justice Ashok Bhushan.
“How can you say that these facts were not placed before his excellency the President? How can you say that there was non-application of mind by the President,” the Supreme Court questioned.
Solicitor General Tushar Mehta argued that: “Sufferings in prison can’t be a ground for mercy. Mukesh was not kept in solitary confinement. The limited period Mukesh was kept in a separate single cell can’t be equated with solitary confinement.”
Mr Mehta also pointed out: “Sometimes, medical health and condition of death row convicts has deteriorated so much so that they cannot be given death penalty but in this case, the medical condition of this(Mukesh) convict, is fine.”
The four convicts are to be hanged on February 1st, 2020 at 6 AM. Much depends upon what the Supreme Court decides tomorrow.