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SC seeks details of all mercy petitions
The Supreme Court trumped the Centre on Tuesday with its decision to examine each mercy petition filed in the country and ascertain whether delay on part of Governments could become a ground for death row convicts to be given a lease of life.
With the case of death row prisoner Devender Pal Singh Bhullar proving as a catalyst, the bench of Justices GS Singhvi and SJ Mukhopadhyay shifted the focus on the entire country wondering the fate of prisoners who had no means to approach the court. While the Centre took eight years to dismiss Bhullar’s mercy petition, the court discovered that several other convicts had similar grievances, on account of which some had approached the High Court to commute their death sentence to life term.
The bench thought it fit to take stock of all mercy petitions pending with the President Secretariat as also with the Governors in all States. It directed Additional Solicitor General (ASG) Harin P Raval to produce information on all pending mercy pleas and in how many cases the power of pardon was exercised by the President or Governor.
Explaining the necessity to expand the scope of the petition filed by Bhullar, the bench said, “Some people may have access to judicial process while some may not.” Besides Bhullar, even Rajiv Gandhi killers and one MN Das from Assam have approached High Court of Madras and Gauhati respectively seeking lesser punishment on account of their mercy petitions left undecided for years together.
The bench said, “We must consider all cases. While some have come forward, others who have no legal representation have not.” Noting the importance of the issue before it, the Court appointed two senior counsels Ram Jethmalani and TR Andhyarujina to assist as amicus curiae. The hearing in the case was posted in January next year.
For the Centre, the decision has come as a huge blow. Responding to Bhullar’s petition the Centre had justified the delay stating it was part of a “constitutional process” which is bound to be time consuming. Mercy petition is not a right of death row prisoners but discretion of the executive and delay to decide on the same cannot entitle the convicts to a lesser punishment.
Bhullar who was sentenced to death for causing a bomb explosion in 1993 that claimed nine lives had approached the apex court with a plea that by delaying his mercy petition for eight years, he was subjected to double punishment of life imprisonment and death penalty. Moreover, the trauma of a death row convict made to wait in the shadow of death penalty was more torturous, as a result of which he was currently being treated for mental depression.
The Supreme Court trumped the Centre on Tuesday with its decision to examine each mercy petition filed in the country and ascertain whether delay on part of Governments could become a ground for death row convicts to be given a lease of life.
With the case of death row prisoner Devender Pal Singh Bhullar proving as a catalyst, the bench of Justices GS Singhvi and SJ Mukhopadhyay shifted the focus on the entire country wondering the fate of prisoners who had no means to approach the court. While the Centre took eight years to dismiss Bhullar’s mercy petition, the court discovered that several other convicts had similar grievances, on account of which some had approached the High Court to commute their death sentence to life term.
The bench thought it fit to take stock of all mercy petitions pending with the President Secretariat as also with the Governors in all States. It directed Additional Solicitor General (ASG) Harin P Raval to produce information on all pending mercy pleas and in how many cases the power of pardon was exercised by the President or Governor.
Explaining the necessity to expand the scope of the petition filed by Bhullar, the bench said, “Some people may have access to judicial process while some may not.” Besides Bhullar, even Rajiv Gandhi killers and one MN Das from Assam have approached High Court of Madras and Gauhati respectively seeking lesser punishment on account of their mercy petitions left undecided for years together.
The bench said, “We must consider all cases. While some have come forward, others who have no legal representation have not.” Noting the importance of the issue before it, the Court appointed two senior counsels Ram Jethmalani and TR Andhyarujina to assist as amicus curiae. The hearing in the case was posted in January next year.
For the Centre, the decision has come as a huge blow. Responding to Bhullar’s petition the Centre had justified the delay stating it was part of a “constitutional process” which is bound to be time consuming. Mercy petition is not a right of death row prisoners but discretion of the executive and delay to decide on the same cannot entitle the convicts to a lesser punishment.
Bhullar who was sentenced to death for causing a bomb explosion in 1993 that claimed nine lives had approached the apex court with a plea that by delaying his mercy petition for eight years, he was subjected to double punishment of life imprisonment and death penalty. Moreover, the trauma of a death row convict made to wait in the shadow of death penalty was more torturous, as a result of which he was currently being treated for mental depression.
