Thread by @barandbench

#Nirbhaya: Three-Judge Bench of Justices R Banumathi, Ashok Bhushan and AS Bopanna begins hearing convict Vinay's challenge to the rejection of his mercy petition by the President.

What is your argument?, Court repeatedly asks Adv AP Singh.

Please see the record.. there is miscarriage of justice. There is absence of signature of Home Minister and LG's signature on the official file: Adv Singh

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Adv Singh asserts that Home Minister of Delhi Govt and L-G did not sign the official file due to the Assembly Elections.

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With folded hands I am saying this, I'll show documents that were not signed. The letter came through WhatsApp, Adv AP Singh.

We have seen the documents, Court.

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I want to submit but I don't have the documents: Adv Singh

The documents are for the Court's perusal and not yours: Supreme Court

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Adv Singh says there was malafide.

You are alleging malafide? Against whom?: Justice Ashok Bhushan

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Supreme Court declines Adv AP Singh's request to peruse the official documents/files.

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The concerned files show that the Home Minister, Delhi Govt and the LG have signed the recommendation rejecting the mercy petition, Supreme Court states.

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What is the WhatsApp message? : Court

The signature was obtained by OSD (Officer on Special Duty) on WhatsApp. If i cannot touch that file, I cannot understand. The file is specific for my client : Adv Singh

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Adv Singh alleges that Medical status report etc of convict Pawan was not placed before the President by the MHA.

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Adv Singh alleges that Medical status report etc of convict Pawan was not placed before the President by the MHA.

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Social Investigation Report and the nominal role of the convict was also not placed before the President. This is because in this case, there was no bifurcation among the convicts: Adv Singh

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Delhi Govt may not have had these documents at the time of deciding the recommendation on behalf of the L-G: Adv Singh

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A letter written to DCP Delhi Police on the same day as the rejection of my mercy for providing legible copy of the documents. This shows that the documents were not placed before the President: Adv AP Singh

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I spent three hours yesterday. With folded hands I said.. Please provide me (with documents). And they said no: Adv Singh.

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Court asks Solicitor General Tushar Mehta to flag the relevant documents in the file.

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Justice Banumathi expresses her concern over the manner in which the case is being argued.

Court points out that it seems that entire file had been given to Adv Singh for his perusal.

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This seems like a writ of certiorari now..finding loopholes in the files here and there. The power of review in these cases is limited: Supreme Court

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I have right to information: Adv Singh

Please argue on merits considering the guidelines laid down in Shatrugan Chauhan: Court tells Adv Singh

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Adv Singh says the record with respect to convict Vinay's family's economic condition was not placed before the President.

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It's better than you make your submissions as per your paperbook: Court

I'm at the mercy of the Court: Adv AP Singh

We are not hearing a first appeal. Review is limited in case of rejection of mercy petition: Court

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At the time of rejection of Vinay's mercy, Model Code of Conduct was in force and there could be no aid and advice could be given by the Council of Ministers: Adv Singh

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Adv Singh reads a judgement on 'class immunity'.

This is not relevant in the present claim: Court.

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Adv Singh continues reading the judgement.

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It's not like the documents were not given to you. Come to your next point: Court asks Adv Singh.

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Why are you wasting your time? This is not relevant: Court

If no immunity is being claimed, they must supply the documents: Adv Singh

Come to your grounds: Court

Adv Singh continues readings the judgement.

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The State always alleges that I am indulging in delay tactics. But what I am doing.. this is will help future lawyers: Adv Singh

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Respondents cannot claim secrecy when it comes to such documents: Adv Singh

I'll submit crux of a judgement on power of judicial review: Adv Singh

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I will prove how irrelevant material was placed before the President and irrelevant documents were placed consideration : Adv Singh

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Please supply these documents for fair trial : Adv Singh

Please move to the next point: Court

My Lords are in hurry..: Adv Singh

Don't say we are in hurry.. we have been listening to you..: Court

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Convict Vinay Sharma is not a habitual offender: Adv Singh

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Now I'll come to my Petition: Adv Singh

All these arguments were not from the Petition?: Court

All these were landmark judgements: Adv Singh

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Adv Singh argues thay procedural fairness was not shown while deciding Vinay's mercy petition.

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To assess this, the Court will have to see the original file.. but..: Adv Singh

We have the file: Court

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There was no report on the personality.. at the time of the incident, he was only 19 years old: Adv Singh

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Adv Singh alleges that Vinay was kept in isolation, in solidarity confinement while his mercy petition was pending.

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Vinay could be kept in solitary confinement only after the mercy petition was rejected and not before: Adv Singh

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Vinay Sharma was kept illegal confinement which becomes a ground for commutation of death sentence: Adv Singh

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My next point is torture: Adv Singh

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Pressure is media and public is still there in this case. That's why I am before this case: Adv Singh

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It's not about the execution of one boy but four young boys..They are not habitual offenders. They are not terrorists: Adv Singh

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Adv Singh refers to the death of one of the six accused in the case, Ram Singh and alleges that he was tortured in Jail.

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Torture is a ground for commutation of death sentence: Adv Singh

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Adv Singh reads the medical record of convict Vinay, alleges that there is a history of physical assault.

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Vinay was also sent to psychiatric department by the Tihar Jail Authorities on several occasions. This means mental illness was going on: Adv Singh

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Jail Authorities must be held responsible for torture in terms of Sunil Batra judgement and death sentence must be commuted: Adv Singh

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As per Delhi Prison Rules, convict Vinay should have been provided with proper care and treatment for mental illness: Adv Singh

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Please call the records on Vinay's mental health from Tihar: Adv Singh

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Adv Singh refers to the medicines being given to Vinay.

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Singh states that Vinay was being given medicines for depression and lack of sleep.

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Prisoners with medical illness, insanity, schizophrenia cannot be executed in terms of the UN General Assembly Resolutions, Shatrugan Chauhan and other UN treaties: Adv Singh

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WHO and Red Cross also identifies overcrowding, violence, lack of privacy etc as reasons for depression post conviction: Adv Singh

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Metal illness warrants commutation of death sentence to life imprisonment: Adv Singh

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There was bias and non-application of mind. Pick and choose formula was applied by the President in the this case: Adv Singh

Court and Solicitor General Mehta object to the submission.

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Adv Singh refers to press conference conducted by several political leaders on the issue.

Whatever they say will not make any difference: Court

My point is 'bias': Adv Singh

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Adv Singh says the decision on mercy petition was biased due to the Delhi Assembly Elections.

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The rejection was hurried and malafide in law. It violates the spirit of the Constitution: Adv Singh

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Adv Singh now starts reading the Annexure attached to his Petition.

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Please summarize now in two minutes: Court directs Adv Singh

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Adv Singh reiterates there was no 'categorical' conviction and 'bifurcation' of convicts was not done in this case due to pressure.

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If immunity is not claimed, it cannot be claimed that counsel cannot examine the documents. There will be others..: Adv Singh

Which other mercy will you file? Only Pawan's is left and you left Pawan yesterday: Solicitor General

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Solicitor General Tushar Mehta begins and states that everything was considered.

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This person filed first mercy petition and then withdrew it. SG Mehta

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Records of the case, medical record, details of court cases, past criminal history, economical condition of the family etc were received by the MHA : SG Mehta

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Special Investigation Report of the convict with respect to his age etc along with the recommendation was placed before the Home Minister, UOI. He puts a noting that Joint and Home Secretary should discuss the matter: SG Mehta.

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SG Mehta states that the recommendation that Vinay did not deserve mercy was reiterated. The note along with all other documents was placed before the President who ultimately rejected the mercy petition: SG Mehta

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Mehta states that it was recommended that the mercy petition need not be allowed but this mercy was withdrawn by Vinay.

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Then another mercy petition was filed and the same procedure was repeated. There were some additional grounds and they were considered: SG Mehta

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SG Mehta shows the Court the signatures made by the Home Minister, Delhi Govt as Delhi L-G on the letter.

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All documents - Social Investigation Report, criminal record etc etc..all was placed before the President: SG Mehta

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Vinay was never in solitary confinement: SG Mehta

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Vinay was regularly checked. There are Jail Psychiatrist. This is regular checkup. All prisoners are checked. As per his lastest medical report, he is medically fit: SG Mehta

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Given the limited scope of judicial review, there is no cause for interference: SG Mehta

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SG Mehta states that all relevant documents, files were placed before the President of India for his consideration.

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There was no first mercy or second mercy by Vinay. This was the only mercy pey filed by Vinay: Adv Singh

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Supreme Court reserves order in Vinay's challenge to the rejection of mercy petition.

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Order to be pronounced at 2 pm tomorrow.

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