The documents produced by Shri K.T.S. Tulsi do give an indication that on account of prolonged detention in jail after his conviction and sentence to death, the petitioner has suffered physically and mentally, the same cannot be relied upon for re..

The documents produced by Shri K.T.S. Tulsi do give an indication that on account of prolonged detention in jail after his conviction and sentence to death, the petitioner has suffered physically and mentally, the same cannot be relied upon for recording a finding that the petitioner’s mental health has deteriorated to such an extent that the sentence awarded to him cannot be executed. Before parting with the judgment, we consider it necessary to take cognizance of a rather disturbing phenomena. The statistics produced by the learned Additional Solicitor General show that between 1950 and 2009, over 300 mercy petitions were filed of which 214 were accepted by the President and the sentence of death was commuted into life imprisonment. 69 petitions were rejected by the President. The result of one petition is obscure. However, about 18 petitions filed between 1999 and 2011 remained pending for a period ranging from 1 year to 13 years. A chart showing the details of such petitions is annexed with the Judgment as Schedule ‘A’. The particulars 6Page 68 contained in Schedule ‘A’ give an impression that the Government and the President’s Secretariat have not dealt with these petitions with requisite seriousness. We hope and trust that in future such petitions will be disposed of without unreasonable delay. For the reasons stated above, we hold that the petitioners have failed to make out a case for invalidation of the exercise of power by the President under Article 72 of the Constitution not to accept the prayer for commutation of the sentence of death into life imprisonment. The writ petitions are accordingly dismissed.

The Police Authorities of the Gujarat State are directed to handover all the records of the present case to the CBI within two weeks from this date and the CBI shall investigate all aspects of the case relating to the killing of Tulsiram Prajapati..

The Police Authorities of the Gujarat State are directed to handover all the records of the present case to the CBI within two weeks from this date and the CBI shall investigate all aspects of the case relating to the killing of Tulsiram Prajapati and file a report to the concerned court/special court having jurisdiction within a period of six months from the date of taking over of the investigation from the State Police Authorities. We also direct the Police Authorities of the State of Gujarat, Rajasthan and Andhra Pradesh to cooperate with the CBI Authorities in conducting the investigation. It is made clear that any observation made in this order is only for the limited purpose of deciding the issue whether investigation is to be handed over to the CBI or not and shall not be construed as expression of opinion on the merits of the case. Though the petitioner has prayed for compensation for the killing of her son, inasmuch as we direct the CBI to investigate and submit a report before the court concerned/special court within six months, depending on the outcome of the investigation, petitioner is permitted to move the said court for necessary direction for compensation and it is for the said court to pass appropriate orders in accordance with law. The writ petition is allowed on the above terms. 

Code of Criminal Procedure, 1973

Anand Rao, had visited him in the Camp. It is also clear that at the time of apprehension/detention of Anand Rao, Sangeeta (sister), i.e. daughter of Aunt of Anand Rao was informed. This is recorded in the apprehension memo itself. On the question..

Anand Rao, had visited him in the Camp. It is also clear that at the time of apprehension/detention of Anand Rao, Sangeeta (sister), i.e. daughter of Aunt of Anand Rao was informed. This is recorded in the apprehension memo itself. On the question of age, the same has already been decided/opined by the Juvenile Justice Board. In case and if Anand Rao is We are also of the view that the petitioner was aware of the true facts and concealed the same in the writ petition. However, noticing the fact that the petitioner is a villager, we are inclined to give him benefit of doubt and do not impose costs. The writ petition stands dismissed. aggrieved by the said order, it is open to him to take appropriate steps as per law. We are also of the view that the petitioner was aware of the true facts and concealed the same in the writ petition. However, noticing the fact that the petitioner is a villager, we are inclined to give him benefit of doubt and do not impose costs. The writ petition stands dismissed.