KEHAR SINGH AND ANR. ETC. versus UNION OF INDIA & ANR.

KEHAR SINGH AND ANR. ETC. versus UNION OF INDIA & ANR.

The President is not precluded from examining the merits of a criminal case under Article 72; no right exists for a condemned person to insist on oral hearing before the President; the scope of the President’s power under Article 72 is subject to limited judicial review, but not on merits except within strict limitations.

Parties
Petitioner: Kehar Singh; Respondent: Union of India
Jurisdiction
India
Judgment Date
16 December 1988
Procedural Posture
Writ Petition (crl.) Nos. 526 27 of 1988 and Special Leave Petition / Disposition by Supreme Court (original Jurisdiction)
Outcome
Petition invoking Article 72 deemed pending; to be dealt with afresh by the President. Death sentence to remain in abeyance meanwhile. Petitions disposed of.
Legal Topics
Presidential Pardons, Judicial Review, Death Penalty, Article 72, Executive Clemency
Constitutional Law Criminal Law Presidential Pardons Judicial Review Death Penalty Article 72 Executive Clemency

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Parties

Kehar Singh

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (crl.) Nos. 526 27 of 1988 and Special Leave Petition / Disposition by Supreme Court (original Jurisdiction)

Legal Issues

  1. 1 Whether the President’s powers under Article 72 extend to reviewing the merits of a criminal case decided by the Supreme Court
  2. 2 Whether a convict has a right to oral hearing before the President in mercy petitions
  3. 3 The scope and limitations of judicial review of Presidential decisions under Article 72

Ratio Decidendi

The President is not precluded from examining the merits of a criminal case under Article 72; no right exists for a condemned person to insist on oral hearing before the President; the scope of the President’s power under Article 72 is subject to limited judicial review, but not on merits except within strict limitations.

Court Disposition

Petition invoking Article 72 deemed pending; to be dealt with afresh by the President. Death sentence to remain in abeyance meanwhile. Petitions disposed of.

Orders

  • Petition invoking Article 72 shall be deemed pending before the President to be dealt with and disposed of afresh.
  • Sentence of death imposed on Kehar Singh to remain in abeyance meanwhile.