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SC dismisses Dhanonjoy's plea, execution to proceed
Thursday, August 12 2004 13:41 Hrs (IST)

New Delhi: Supreme Court dismisses Dhanonjoy Chaterjee's execution plea. A five-judge Constitution Bench headed by Chief Justice R C Lahoti refused to exercise its powers to scrutinise the President's order rejecting Dhanonjoy's mercy plea on August four.

"We find the petition devoid of merit and liable to be dismissed," the five-judge bench said and dismissed Dhanonjoy's petition challenging the President's order.

The Court said, "After looking into all facts and circumstances of the case and hearing the counsel for petitioner and looking into all relevant facts we find no merit in petitioner's allegation that President while rejecting mercy plea did not take into account all these facts. With this Dhanonjoy's execution will proceed as scheduled on August 14.

The Court said that its power to review a Presidential order rejecting a mercy plea of a convict was "very limited" and that too only if the petitioner pointed out that there was no application of mind to the facts of the case and or that the decision was taken in a malafide manner.

The bench said in the present case, the petitioner had enumerated many facts but there was not even a whisper of evidence to show that the President had not applied his mind to all the relevant aspects of the case before dismissing the clemency plea.

Therefore, the Court said there was no ground for it to interfere into the decision of the President to reject Dhananjoy's plea.

PTI










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