A convict sentenced to death had their mercy petition rejected by the President of India without assigning any reason. Can the Court request the President to provide reasons for the rejection?
TheSayeed Answered question March 15, 2024
Facts of the Case:
- The convict was awarded a death sentence by the Trial Court, which was confirmed by the High Court.
- The Supreme Court upheld the lower courts’ orders without interference.
- The convict filed a mercy petition before the President of India seeking pardon.
- The President rejected the mercy petition without providing any reasons for the decision.
Issue in the Case:
- Can the Court demand the President to provide reasons for rejecting the mercy petition?
Principle:
- In Kehar Singh v. Union of India, AIR 1989 SC 653, the Supreme Court ruled that the consideration of mercy petitions lies entirely within the discretion of the President.
- The power under Article 72 of the Constitution is of the “widest amplitude” and does not require specific guidelines for its exercise.
- The President’s order cannot be subjected to judicial review on its merits.
Judgement:
- The power of pardon granted to the President is an integral part of the Constitutional scheme.
- The President is not obligated to provide reasons for rejecting a mercy petition.
- The decision of the President in this regard cannot be questioned or reviewed by the Court.
Therefore, in the given scenario, the Court cannot compel the President to provide reasons for rejecting the mercy petition. The President’s decision in such matters is final and not subject to judicial review.
TheSayeed Answered question March 15, 2024