When power is exercised by high authority, dealing with mercy petition, objective consideration is presumed; SC.

Supreme Court of India

Justice R Banumathi, Justice Ashok Bhushan & Justice A.S. Bopanna

The SC {VINAY SHARMA v. UNION OF INDIA AND OTHERS } holds that records, judgments of the trial court, High Court and the Supreme Court, clean copy of records of the case, Nominal Roll of the petitioner, medical report of the petitioner, Social Investigation Report and other relevant documents were forwarded to the Ministry of Home Affairs. Further hold that the note put up before the President of India is a detailed one and all the relevant materials were placed before the President and upon consideration of same, the mercy petition was rejected, therefore, no ground is made out for interference by the SC.

Further, held that the Constitution Bench in Maru Ram v. Union of India and Others (1981) 1 SCC 107 laid down that the Court shall keep in mind that where the power is vested in a very high authority, it must be presumed that the said authority would act carefully after an objective consideration of all the aspects of the matter. 

Accordingly, the Writ Petition challenging the rejection of Mercy Petition was dismissed by the SC.