Tuesday, Sep 16, 2014

SC says delay in deciding mercy plea can be ground for commutation of death penalty

Supreme Court commuted the death sentence of 15 convicts. Supreme Court commuted the death sentence of 15 convicts.
Express News Service | New Delhi | Posted: January 21, 2014 11:18 am | Updated: January 21, 2014 2:24 pm

The  Supreme Court on Tuesday held that death sentence of a condemned prisoner can be commuted to life imprisonment on the ground of delay on the part of the government in deciding the mercy plea.

Giving life term to 15 death row inmates, including four aides of forest brigand Veerappan, the apex court also ruled that a death convict suffering from mental insanity and schizophrenia cannot be hanged. It overruled its own verdict in Khalistani terrorist Devinderpal Singh Bhullar’s case in which it had held that delay in deciding mercy plea cannot be a ground for commutation of death sentence.Death sentence in such cases can be commuted to life imprisonment on the ground of their mental illness, it said.

The judgment may have implications in various cases, including the petitions filed by three death row convicts in the Rajiv Gandhi assassination case who have challenged the President’s rejection of their mercy plea less than three years ago.

Framing guidelines on disposal of mercy petitions and execution of death sentence, a bench headed by Chief Justice P Sathasivam ruled that convicts given death sentence must be informed about the rejection of their mercy pleas and should be given a chance to meet their family members before they are executed.  It also held that solitary confinement of a prisoner, including death row convict, is unconstitutional and it should not be allowed in the prisons.

The bench gave its verdict on a batch of petitions filed by 15 death row inmates seeking its direction for commutation of their sentence to life term on the grounds of delay in deciding mercy plea and mental illness. The bench also said that execution of death sentence should be carried out within 14 days after rejection of the mercy plea.

The apex court also said that the prison authorities must provide legal aid to prisoners facing death sentence so that they can approach courts for commutation of their sentence on the ground of their illness and delay in deciding mercy plea by the government.

Pronouncing its judgement on 13 petitions filed by the 15 convicts whose execution of sentence had been stayed by the
apex court, the three-judge bench clarified that its directions be implemented in all cases whether a person has been convicted under IPC or the anti-terror law.

The issue of communication of rejection of mercy plea assumes importance in view of the controversy surrounding the
execution of Parliament attack case convict Mohd Afzal as there was allegation that his family members were not properly
communicated about the dismissal of his plea and subsequent hanging.

Earlier, a two-judge bench in April last year had held that long delay in disposing of mercy pleas by the President or the governor of persons convicted under anti-terror laws or similar statutes cannot be a ground for commutation of death sentence. The April 12, 2013 ruling was pronounced while rejecting Bhullar’s plea continued…

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