Nirbhaya case: SC dismisses convict’s plea against no mercy, rejects argument of mental illness

The Supreme Court dismissed Nirbhaya gang rape and murder case convict Vinay Sharma's plea challenging rejection of his mercy petition by the President alleging that it was done in a "mala fide" manner.

The Supreme Court has dismissed Nirbhaya gang rape and murder case convict Vinay Sharma's plea challenging the rejection of his mercy petition by the President.

Hearing the case on Friday, the SC rejected the contention of convict Vinay Sharma that he is mentally ill while saying that his medical report suggests he is stable. The bench of Justices R Banumathi, Ashok Bhushan and A S Bopanna said no ground of judicial review of the rejection of mercy plea is made out in the contention.

All material, including Vinay Sharma's medical report, was placed before the President who applied his mind in rejection of mercy plea, the Supreme Court said.

Vinay Sharma through his counsel had made a last-ditch effort on Thursday to escape from the gallows claiming that all the relevant records were not brought before the President including that he had been subjected to torture and ill-treatment in jail due to which he had developed mental illness.

The Centre, however, opposed his claim and produced a medical report dated February 12 which said he was fit and had a sound mind.

A bench of Justices R Banumathi, Ashok Bhushan and A S Bopanna, had reserved its order on Sharma's plea challenging the rejection of his mercy petition by President on Friday.

The SC had also rejected Sharma's counsel A P Singh's request to peruse the original file of recommendation made by the Lieutenant Governor and Delhi home minister Satyendra Jain for rejection of his mercy petition.

"Though the Court has informed counsel that Home Minister of Government of NCT of Delhi and Lieutenant Governor have signed the proposal on the mercy petition, counsel insisted upon on looking into the original files. Request for perusal of the original files by learned counsel appearing for the petitioner-Vinay Sharma is declined," the bench had said in its order.