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This is an archive article published on January 8, 2010

HC slams Centre for delay in decision on mercy petitions

The “competence” of the Central government in getting mercy petitions challenging death penalty given to various convicts decided today came under the scanner of the Punjab and Haryana High Court today.

The “competence” of the Central government in getting mercy petitions challenging death penalty given to various convicts decided today came under the scanner of the Punjab and Haryana High Court today.

A division bench comprising Chief Justice Mukul Mudgal and Justice Jasbir Singh reprimanded the Union government for its lackadaisical attitude in not pushing the matter with the authorities concerned. Taking the Central government to task,Justice Jasbir Singh gave a dressing down to the counsel appearing for the Centre. Referring to the Union government,Justice Jasbir Singh said,“Why don’t you decide the mercy petitions? What is the hitch? Are you so incompetent?” In response to this,the counsel submitted the mercy petitions were pending before the President. “Ask your Law minister to make request to the President’s office to decide the cases since you are facing so much difficulty to keep them in jails. Is it so difficult ?” Justice Jasbir Singh questioned.

The oral observations were passed in the wake of a pending public interest litigation (PIL) filed by advocate Navkiran Singh. The advocate had raised the issue that there are various convicts who have been awarded death penalty but are awaiting execution for several years.

The advocate today apprised the High Court with certain startling facts. He said on his (Navkiran) visit to the Ambala Central Jail,he discovered that there was no sanitation and urination facility for those convicts who have been awarded death penalty. “It is simply impossible to live in such inhuman conditions. One can not even stand there,” said Navkiran.

Taking stock of the averments,the Chief Justice has issued separate notices to the Ambala jail authorities to explain the present conditions in which the convicts awarded death penalty are made to live. Also,to ensure that hygienic conditions prevailed in Chandigarh,the court has issued notices to the UT Administration. The Administration was not a party so far in the case.

In a significant direction,the bench has also issued notices to the states to apprise their respective jail wardens of a Supreme Court judgment decided by a constitutional bench titled Sunil Batra. The court would also look into as to whether the principles laid down in the said judgment were being followed by the three states. The states have been directed to make copies of the judgment available in Hindi.

The bench also remarked that issues pertaining to solitary confinement of the convicts awarded death penalty would also be looked into.

The figures

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In Haryana,there are 11 people who have been awarded death penalty. Of them,four are in Ambala jail,five in Gurgaon and two in Hisar. While in Punjab,a total of 14 have been awarded death penalty,of which six are in Chandigarh.

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