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Report No. 262

(iii) Partial and Incomplete Summary Prepared for President: The Case of Mahendra Nath Das v. Union of India, (2013) 6 SCC 253

6.6.7 When Mahendra Nath Das challenged the rejection of his mercy petition by the President, the Supreme Court summoned the records relating to the mercy petition and discovered that the recommendation for clemency made by a former President in this very case was not put before or communicated to the President Pratibha Patil when she was asked to reject the mercy petition. The Supreme Court held it to be a very serious lapse, and, combined with the 11 years delay taken in the disposal of the mercy petition, was good enough reason to quash the rejection of the mercy petition and commute the death sentence.

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