India: Over 20 death row convicts await final word on their mercy pleas

President Patil

President Pratibha Patil's decision to reject the mercy petitions of Murugan alias Sriharan, T Suthendraraja alias Santhan and A G Perarivalan alias Arivu-convicted for the 1991 assassination of former prime minister Rajiv Gandhi-has added fuel to the debate over delay in deciding clemency pleas of death row convicts.

The 3 convicts had filed their mercy pleas more than 11 years ago.

Although the Madras high court has stayed their execution for 8 weeks, questions are being asked over the morality of delaying a decision on their fate for so long.

As of today there are 22 other death row convicts waiting for a final word from the president on their mercy petitions. One of these petitions dates back to 2003.

The President's secretariat, however, says such decisions cannot be taken hastily.

"It's a serious matter of life and death," an official at the President's secretariat told ET.

Articles 72 and 161 of the Constitution give the president and governors of states the power to grant pardons, suspend, remit or commute sentences handed down by courts.

But the president and governors are bound by the advice given by the central and state governments, respectively.

However, the Constitution does not specify a timeframe within which the president or governors are required to decide on a clemency plea.

This leaves room for mercy petitions to be kept in abeyance for years.

Between 2005 and 2008, only one mercy petition was decided by the president, where death sentence was commuted to life imprisonment.

In 2009, the Supreme Court asked the government to decide quickly on mercy petitions.

This prompted the government to carry out a review of all pending mercy petitions. The government then submitted the cases back to the president along with a set of fresh mercy petitions.

From November 2009 till date, President Patil has decided 13 mercy petitions-rejecting three pleas and commuting the death sentence in 10 others.

Source: Economic Times, August 31, 2011

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