Opinion Afzal Guru debate
The recent debate about the execution of Afzal Guru manifested misunderstanding about mercy petitions.
Afzal Guru debate
The recent debate about the execution of Afzal Guru manifested misunderstanding about mercy petitions. It is settled law that there is no scope for exercise of individual discretion by the President in dealing with a mercy petition and the President is bound to act in accordance with ministerial advice. A mercy petition is not a further appeal from the Supreme Court judgment which has attained finality and whose correctness is outside the scope of a mercy petition except where cogent evidence has surfaced and which was not before the Court. If there are no valid reasons for allowing a mercy petition,the supposed political fallout of its rejection in any part of the country or region is an extraneous consideration. It would further set a bad precedent for rejection of mercy petitions. Although no time limit is prescribed in the Constitution for disposal of a mercy petition,the Supreme Court has ruled that mercy petitions should be disposed of with the utmost expedition. The reason is that keeping a person on the death row for an inordinately long period causes acute mental stress which is tantamount to infliction of cruel and unusual punishment resulting in the replacement of the death sentence by life imprisonment. Delay of five years or more in the case of Afzal Gurus mercy petition is surely not disposal with utmost expedition. Execution of Afzal Guru should not be delayed any more to save him further mental torture and also to spare us the distressing spectacle of the kin of the security personnel killed by the terrorists baying for his death.
CM Gehlots Tirade
Rajasthan Chief Minister Ashok Gehlot in his press conference launched a tirade at Lalit Modi. He listed several of his alleged misdeeds: namely that Modi had been ruling Rajasthan on behalf of the previous CM,that he had institutionalised corruption,terrorised and humiliated senior bureaucracy in the State et al. And the climax or rather the anti-climax was that Lalit Modi had called the then CM by her first name in public.
Now that is perplexing. Do we not call in public the Congress Party President as Sonia,the heir apparent as Rahul and the CM of West Bengal as Mamata? Ordinarily counsel in court are not addressed by their first name. However late Justice Sarkaria,a good-natured soul,whilst rejecting my SLP would say,Sorry,Mr Soli,we cannot interfere with the High Court order. There was nothing objectionable in that. Gehlots objection probably was about Modi referring to the previous CM as Vasu,as her friends endearingly called her,or Vasundhara without affixing the suffix ji to her name. In any event,calling a person by his or her first name cannot be equated with corruption and misfeasance. It is hoped that Gehlotji does not consider first name calling in public a serious matter of definite political importance warranting the appointment of a judicial commission of inquiry.
Historic full court reference to Bhupenda
It is customary to have a court reference as a tribute to the memory of a judge or an eminent senior lawyer who has passed away. The full court reference by the Gauhati High Court as a tribute to the legendary Assamese singer Bhupen Hazarika was a break with tradition. It was a historic occasion when a non-legal personality was honoured by the Court with all judges in attendance and a huge swelling number of advocates who had gathered in the court room. An official of Gauhati HC Bar Association said that Bhupenda was a cultural doyen and a music maestro who lived in the hearts and minds of every citizen in the State and therefore lawyers desired to pay homage to this great soul in a special way. Undoubtedly,our artists and musicians should be honoured. The full court reference is a heartening recognition of the fact that apart from lawyers and judges,musicians by spreading cheer and happiness amongst people also render service to society and deserve to be honoured. Hats off to the Gauhati High Court and its Bar Association.
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