The Supreme Court on Thursday (February 13) reserved its order for Friday on Nirbhaya gangrape and murder case convict Vinay Sharma’s plea challenging rejection of his mercy petition by the president. Sharma is one of the four convicts on death row in the 2012 case.
A bench of Justices R Banumathi, Ashok Bhushan and A S Bopanna said the court will pass orders on Friday at 2pm on Sharma’s plea. The bench heard arguments for nearly two hours on behalf of Sharma and the Union of India and NCT of Delhi.
Advocate AP Singh, appearing for Sharma, argued his client’s mercy petition was rejected by the president in a “mala fide” manner and all relevant records were not produced before him. He said Sharma was subjected to torture, put in solitary confinement and due to trauma suffered in jail, he has mental illness.
Solicitor General Tushar Mehta, appearing for the Union of India and NCT of Delhi, opposed Singh’s argument and said the president has examined all relevant records and due process under the law was followed in rejection of Sharma’s mercy petition.
Mehta placed before the court a medical report of February 12 of Sharma and said he was found to be medically fit.
Sharma moved the apex court on Tuesday challenging the rejection of his mercy petition by the president and claimed the “hurried rejection” was “mala fide” and violated the letter and spirit of the Constitution.