Q: Elaborate the citation of Kehar Singh V. Union of India ?

Ans: Kehar Singh was an Assistant in the Directorate General of Supply and Disposal, situated in New Delhi. He was accused of conspiracy in the killing of the then Prime Minister, Smt Indira Gandhi on the 31st of October, 1984. Two years later on 22 January 1986, Kehar Singh was convicted of an offence under Section 120-B read along with Section 302 of the Indian Penal Code. He was sentenced to death by the Additional Sessions Judge in New Delhi. He appealed to challenge the death sentence which was declined by the Delhi High Court. Further, a subsequent appeal was made to the Supreme Court by way of a Special Leave Petition, however, the same was also dismissed. Additionally, a review petition and writ petition were also dismissed. A few days later the son of Kehar Singh, named Rajinder Singh, presented a petition to the President of India for the grant of pardon to Kehar Singh under Article 72 of the Constitution of India based on the grounds that he was innocent and the verdict of the Courts was erroneous.

The Petition also included a prayer that the representatives of Kehar Singh should be given a chance to see the President in person and explain to him the whole situation. The Counsel of Kehar Singh also wrote several e-mails to the president regarding the same. In response, the President rejected the petition under Article 72 of the Constitution by saying that he cannot go into the merits of a case that has been decided by the Hon’ble Supreme Court of India. 

Keywords used : 

Merits of case : मामले की योग्यता


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