Court case(1989) 1 SCC 204

Kehar Singh was convicted of conspiracy in the assassination of Prime Minister Indira Gandhi and sentenced to death; the Supreme Court confirmed the sentence. His son petitioned the President under Article 72 for mercy, asking that the President examine the evidence and hear the petitioner in person. The President's Secretariat replied that the President could not go into the merits of a case finally decided by the highest court, and the petition was rejected. The rejection was challenged in the Supreme Court.

Pathak CJ held that the power under Article 72 is a constitutional responsibility of great significance, to be exercised on the advice of the Council of Ministers. In exercising it the President may scrutinise the evidence on record and come to a different conclusion from the Court on guilt or sentence; in doing so he does not sit as a court of appeal or alter the judicial record, but acts in a wholly different sphere. The condemned person has no right to an oral hearing; the President decides the procedure. The order of the President cannot be subjected to judicial review on its merits except within the strict limitations laid down in Maru Ram, and the Court declined to lay down guidelines for the exercise of the power. The President was directed to consider the petition afresh.