PAWAN KUMAR GUPTA Versus STATE OF NCT OF DELHI - 20/03/2020

Supreme Court of India (Full Bench (FB)- Three Judge)

Writ Petition (Crl.), 122 of 2020, Judgment Date: Mar 20, 2020

1. The alleged torture, if any, in the prison cannot be a ground for judicial review of the executive order passed under Article 72 of the Constitution of India rejecting the mercy petition.
2. When the power is vested in the very high constitutional authority, it must be presumed that the said authority had acted carefully after considering all the aspects of the matter.It cannot be said that His Excellency the President of India did not consider the mercy petition with open mind filed by the petitioner.

PAWAN KUMAR GUPTA Versus STATE OF NCT OF DELHI - 20/03/2020