Supreme Court on mercy petition: The Supreme Court of India has mentioned if there may be an inordinate delay in not deciding the mercy petition, the object and goal of the death sentence would be annoyed, and requested states/applicable authorities to resolve mercy petitions on the earliest.
A bench comprising Justices MR Shah and CT Ravikumar famous that it’s true that the gravity of the offence could be a related consideration whereas commuting the death sentence to life imprisonment, nevertheless, inordinate delay in disposal of the mercy petitions will also be mentioned to be a related consideration whereas commuting the death sentence to life imprisonment.
“If even after the final conclusion, even up to this court, even thereafter there is an inordinate delay in not deciding the mercy petition, the object and purpose of the death sentence would be frustrated. Therefore…all efforts shall be made by the state government and/or the concerned authorities to see that the mercy petitions are decided and disposed of at the earliest, so that even the accused can also know his fate and even justice is also done to the victim,” mentioned the bench.
The bench famous that in Jagdish Vs. State of Madhya Pradesh (2020), this court docket directed to commute the death sentence to life imprisonment considering the delay in disposal of the mercy petition of above 5 years, and in addition cited different selections commuting the death sentence to life imprisonment on the bottom of delay in disposal of the mercy petition.
Petition filed by Maharashtra govt:
The prime court docket order got here on a petition filed by Maharashtra authorities towards the Bombay High Court order to commute to life sentence the capital punishment handed down to 1 Renuka and her sister, who had kidnapped 13 kids and killed 9 of them in Kolhapur district between 1990-1996.
The prime court docket famous it seems that the excessive court docket has commuted the death sentence to life imprisonment on the bottom that there was an inordinate unexplained delay on the half of the state/governor of the state in not deciding the mercy petition(s) most well-liked by the accused which, as such, have been saved pending for about 7 years and 10 months.
Additional Solicitor General Aishwarya Bhati, representing the Centre, together with Maharashtra authorities counsel submitted that wanting on the seriousness and gravity of the offence dedicated by the accused, particularly 9 individuals have been killed, the excessive court docket must have handed an order to commute the death sentence to life imprisonment for pure life with none remission. “If such an order would have been passed, it would be in the fitness of things and may give solace to the victims”, argued the counsel.
Modifying the excessive court docket order, the highest court docket mentioned: “The impugned judgment and order passed by the high court commuting the death sentence to life imprisonment is hereby modified and it is directed that the accused to undergo life imprisonment for natural life and without any remission.”
The prime court docket careworn, “We observe and direct all the states/appropriate authorities before whom the mercy petitions are to be filed and/or who are required to decide the mercy petitions against the death sentence, such mercy petitions are decided at the earliest so that the benefit of delay in not deciding the mercy petitions is not accrued to the accused.”
It additional added that the accused shouldn’t get the profit of such an inordinate delay and the accused might not take the drawback of such inordinate delay. The prime court docket directed the registry to speak the order to all chief secretaries of all of the states and union territories.
(With companies inputs)
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