Constitution of India-Art. 72-President's power to go into the merits of a case finally decided by the courts-Defined-Exercise of power-Not open to judicial review on merits-No guidelines need be laid down-Convict seeking relief has no right to insist on oral hearing before the President.

The Supreme Court dismissed an appeal by special leave filed by Kehar Singh, against his conviction and sentence of death awarded under section 120-B read with section 302 of the Indian Penal Code in connection with the assassination of the then Prime Minister of India, Smt. Indira Gandhi. A Review Petition filed thereafter by Kehar Singh was dismissed on 7th September, 1988 and later a writ petition was also dismissed by this Court.

On 14th October, 1988 Kehar Singh's son presented a petition to the President of India for the grant of pardon to Kehar Singh under Article 72 of the Constitution on the ground that the evidence on record of the criminal case established that Kehar Singh was innocent and the verdict of the courts that Kehar Singh was guilty, was erroneous. In the petition, he also urged that it was a fit case of plemency and prayed that Kehar Singh's representative may be allowed to see the President in person in order to explain the case concerning him. His request for hearing was not accepted on the ground that it was not in accordance with "the well established practice in respect of consideration of mercy petitions". Thereafter, in response to a further letter written by counsel for Kehar Singh to the President of India refuting the existence of any practice not to accord a hearing on a petition under Article 72, the Secretary to the President wrote to counsel that the President is of the opinion that he cannot go into the merits of a case finally decided by the highest Court of the land and that the petition for grant of pardon on behalf of Kehar Singh will be dealt with in accordance with the provi sions of the Constitution of India. The President of India thereafter rejected the said petition. Hence these writ petitions and the special leave petition to this Court.

The main issues involved in the writ petitions and the S.L.P were: (a) whether there is justification for the view that when exercising his powers under Art. 72, the President is precluded from entering into the merits of a case decided finally by the Supreme Court; (b) to what areas does the power of the President to scrutinise extend; and (c) whether the petitioner is entitled to an oral hearing from the President in his petition invoking the powers under Art. 72.