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Journalism of Courage
There are 28 mercy petitions pending with Rashtrapati Bhawan and the Ministry of Home Affairs,and among them is the high-profile petition of the Parliament attack case convict Mohd Afzal Guru. Maneesh Chhibber takes a look at the pending mercy pleas and the history behind them.
Under Article 72 of the Constitution,the President is empowered to grant pardon and commute the death sentence of a convict. She can also suspend and remit the death sentence of a condemned prisoner,albeit with the advice of the Union Government. With no written procedure or time frame to be adhered to for the disposal of a mercy petition,President Pratibha Patil has told the Centre that she is not keen on clearing the backlog,most of which she inherited from her predecessor.
GURMEET SINGH Uttar Pradesh
On death row since September 2005
Crime: Killing 13 members of a family,including eight children
On September 20,1992,he was awarded death by a trial court,a decision later upheld by the Allahabad High Court. The Supreme Court dismissed his appeal on September 28,2005,ruling that he deserved no leniency as he had not a grain of mercy himself. He filed a mercy petition in 2007,which the MHA recommended to the President to reject. On December 9,2009,the MHA again rejected his mercy plea. The President has not cleared the file yet.
SHYAM MANOHAR,SHEO RAM,PRAKASH,SURESH,RAVINDER amp; HARISH Uttar Pradesh
On death row since October 1997
Crime: Killing five persons,including roasting alive a 10-year-old boy,over a property dispute
On September 19,1995,four of them were awarded death by a trial court. The Allahabad High Court upheld the sentence and enhanced the life-term awarded to two others to death. The Supreme Court upheld the same on October 21,1997. They filed mercy pleas in 1998 but the MHA recommended that the President turn them down. The file was recently re-submitted to the President.
PIARA SINGH,SARABJIT SINGH,GURDEV SINGH amp; SATNAM SINGH Punjab
On death row since 2003
Crime: Killing 17 persons,including a seven-year-old,attending a marriage in Amritsar in 1991
They remained absconding and were caught and tried,before finally being awarded death by trial courts on January 15,2006,and February 5,2001. This was upheld by the Punjab and Haryana High Court and by the Supreme Court in 2003. Their mercy petitions,filed in 1997 and 2003,were rejected by the MHA.
SHOBHIT CHAMAR Bihar
On death row since 1998
Crime: Killing six members of a family during a dacoity attempt
On February 16,1996,a trial court awarded him death,which was upheld by the Patna HC. The apex court upheld the judgment on March 4,1998. He filed a mercy plea in 1999,rejected by the MHA in 2000. After the President raised certain queries,the case was re-examined and resubmitted in 2005.
MOHAN amp; GOPI Tamil Nadu
On death row since 1998
Crime: Kidnapping a boy for ransom and killing him. After the murder,they contacted his father and extracted Rs 5 lakh as ransom
They were tried along with four others,with the trial court sentencing four others to death. The Madras HC upheld the sentence. On May 12,1998,the Supreme Court,while upholding death to Mohan and Gopi,commuted the sentence awarded to two others. The duos mercy pleas were submitted to the President in July 1999,and again in August 2005,with the MHAs recommendation of rejection.
MOLAI RAM amp; SANTOSH
Madhya Pradesh
On death row since 1999
Crime: Raping and murdering the young daughter of an official of a jail where one of them was employed as a guard while another served a term
They were sentenced to death by the trial court and the punishment was confirmed by the Madhya Pradesh HC,and by the Supreme Court in 1999,following which they filed mercy petitions in 2000. On May 28,2001,the MHA recommended that the President reject the pleas,reiterating the same in May 2005.
DHARAM PAL Haryana
On death row since 1999
Crime: Along with his brother,Dharam Pal murdered five members of the family of a girl he had raped
The trial court awarded death to the two accused in the case and the Punjab and Haryana HC upheld the decision. However,on March 18,1999,the Supreme Court,while upholding Dharam Pals death sentence,converted the sentence of the second accused into a life term. Pals mercy plea,filed in 1999,was rejected by the MHA in 2000. The case was resubmitted to the President on
July 11,2005.
MAHENDER NATH DAS Assam
On death row since 1999
Crime: Murdering an unarmed person by beheading him with a sword and parading the head through a busy marketplace
The trial court awarded him death. The Guwahati HC and later in 1999 the Supreme Court,confirmed the sentence. His mercy petition,filed in 2000,was submitted to the President in 2001 and resubmitted in April 2005.
S B PINGALE Maharashtra
On death row since 1999
Crime: Killing two persons related to his estranged wife and being involved in two attempts to murder
The Pune Sessions Court awarded him death in August 1997. This was confirmed by the Bombay High Court,and the Supreme Court on April 13,1999,following which he filed a mercy plea. The MHA submitted the file to the President in April 2004 and resubmitted it in 2005.
JAI KUMAR Madhya Pradesh
On death row since 1999
Crime: Killing his brothers wife and daughterfor,he claimed,not giving him enough to eat
The trial court awarded death to him and the High Court,and in May 1999,the apex court upheld the sentence. The MHA recommended to the President in July 1999 to reject his mercy plea. The recommendation was reiterated in
May 2005.
SURESH amp; RAMJI Uttar Pradesh
On death row since 2001
Crime: Murdering five persons,including three children
A trial court sentenced them to death. The decision was upheld by the HC and then by the apex court in 2001. They filed mercy petitions in 2002,which didnt find favour with the MHA. The case was resubmitted in June 2005.
MURUGAN,SANTHAN amp; ARIVU Tamil Nadu
On death row since 1999
Crime: Involvement in the human bomb explosion at Sriperumbudur on May 21,1991,in which former prime minister Rajiv Gandhi and 18 others were killed
A special CBI court found them and 23 others guilty and awarded them death. The apex court confirmed the death sentence to only four accused,including Nalini,whose sentence was in 2000 commuted to a life term. Murugan,Santhan and Arivu filed mercy petitions in 2000,which were rejected by the MHA on June 21,2005.
SHEIKH MEERAN,SELVAM amp;
RADHAKRISHNAN Tamil Nadu
On death row since 1999
Crime: Murdering their rival by exploding a bomb in a court
A trial court awarded death on October 5,1998,which was confirmed by the High Court,and later in June 1999 by the apex court. They filed mercy pleas in 2000,sent to the President in November 2003,and again in August 2005.
SATTAN amp; GUDDU Uttar Pradesh
On death row since 2009
crime: Murder of six members of a family
A trial court sentenced four accused to death,but the HC overturned the sentence awarded to two. In 2009,the apex court upheld the death sentence to Sattan and Guddu. The mercy pleas are being examined by the MHA.
OM PRAKASH Uttarakhand
On death row since 2002
Crime: Killing three members of the family of a retired Army officer in 1994
A trial court sentenced him to death and the Uttarakhand High Court and in 2002,the apex court,upheld the sentence. While initially,the MHA rejected the plea,filed in 2003,it was received back from the Presidents office in November 2007. The matter is being re-examined and the Uttarakhand Government is yet to send its comments.
DEVINDER PAL SINGH BHULLAR Delhi
On death row since 2002
Crime: Causing the death of nine persons in a 1993 bomb blast31,including then Indian Youth Congress chief M S Bitta,were injured
A special TADA court awarded him death in 2001. A three-judge Bench of the Supreme Court upheld the decision in December 2002. His mother filed a mercy petition in 2003,submitted to the Presidents office in August 2005.
SIMON,GHANAPRAKASH,MADAIAH,BILAVANDRA Karnataka
On death row since 2004
Crime: Blasting a bus ferrying police and forest staff,resulting in 22 deathsthe accused were part of the gang led by smuggler Veerappan
A special TADA court sentenced them to life imprisonment. However,in January 2004,the Supreme Court converted the sentence into death. The mercy pleas were submitted to the President on May 2,2005.
PRAVEEN KUMAR Karnataka
On death row since 2003
Crime: Killing four members of his family in Mangalore in 1994he fled and was arrested from Goa in 1998
The trial court awarded him death in February 2002. The apex court agreed on October 2003. His mercy plea was submitted to the Presidents office on September 8,2005.
SATISH Uttar Pradesh
On death row since 2005
Crime: Raping and murdering a six-year-old girl
A trial court awarded him death,but the HC ruled that the evidence was circumstantial. The Supreme Court on February 8,2005 overturned the HC ruling and restored the trial court order. Satish filed a mercy plea in 2007,which was forwarded to the President on July 14,2008.
SUSHIL MURMU Jharkhand
On death row since 2003
Crime: Sacrificing a nine-year-old
The trial court awarded him death,upheld by the Jharkhand High Court,and on December 12,2003,by the apex court. He filed a mercy petition in 2004,pending with the President since 2005.
MOHD AFZAL GURU Delhi
On death row since 2005
Crime: Involvement in the Parliament attack case of December 13,2001,which left nine dead
The designated court sentenced Guru and another accused,Shaukat Hussain Guru,to death. The Delhi HC dismissed their appeals and confirmed the death sentences. However,the Supreme Court on August 4,2005,while upholding death sentence for Mohd Afzal Guru,converted Hussains sentence to life. Afzal Guru filed a mercy petition in 2006,which is under examination as comments of the Delhi Government are awaited.
SAIBANNA Karnataka
On death row since 2005
Crime: Murdering his second wife and minor daughterhe had also murdered his first wife
The trial court awarded him death. The HC and then the Supreme Court,on April 21,2005,upheld the verdict. He filed a mercy petition in 2007,which was forwarded to the Presidents office on September 28,2007.
KUNWAR amp; KARAN BAHADUR SINGH Uttar Pradesh
On death row since July 2005
Crime: Killing five persons
The trial court convicted them in April 2003. On July 19,2005,the apex court affirmed the death sentence. The mercy petitions have been pending with the President since January 2006.
LALIYA DOOM amp; SHIV LAL Rajasthan
On death row since 2004
Crime: Killing three persons
The trial court awarded them death in June 2003. The HC and the apex court upheld the sentence. Their mercy pleas are pending with Rashtrapati Bhawan since May 2,2005.
JAFAR ALI Uttar Pradesh
On death row since 2004
Crime: Killing his wife and five daughters
The trial court convicted him. Later,the HC and the Supreme Court upheld the decision. His mercy plea is pending with the President since August 2006.
SONIA amp; SANJIV Haryana
On death row since 2007.
Crime: Killing eight members of Sonias family
The trial court awarded the couple death but the Punjab and Haryana HC overruled the decision. In August 2007,the Supreme Court restored the death sentence. They filed mercy petitions in 2007. But Sonia wrote to the President asking for her plea to be rejected. While the MHA asked the President to accept Sonias request,the President raised some queries.
BANDU BABURAO TIDAKE Karnataka
On death row since July 2006
Crime: The swami of Sadashiva Appana Mutt,Bagalkot,Tidake abducted a 16-year-old schoolgirl and raped and murdered her
The trial court awarded death,the HC confirmed it. On July 10,2006,the Supreme Court upheld the sentence. He filed a mercy petition in 2007.
BANTU Uttar Pradesh
On death row since July 2008
Crime: Raping and killing a five-year-old girl
The trial court awarded death,confirmed by the HC and the apex court. His 2009 mercy petition is pending with the MHA.
