Make public President’s rejection of mercy plea before the gallows: Petition

A writ plea has been made in the Madras High Court to restrain the Union Home Ministry from executing any convict facing gallows without first disclosing to the public about the rejection of his/her mercy petition by the President under Article 72 of the Constitution.
Make public President’s rejection of mercy plea before the gallows: Petition

A writ plea has been made in the Madras High Court to restrain the Union Home Ministry from executing any convict facing gallows without first disclosing to the public about the rejection of his/her mercy petition by the President under Article 72 of the Constitution.

In his public interest writ petition, advocate P Pugalenthi, also director of Prisoners’ Rights Forum, submitted that the death sentence of Afzal Guru, an accused in the Parliament attack case, was confirmed by the Supreme Court in August, 2005. Guru preferred a mercy petition seeking to commute the sentence to life term under Article 72 of the Constitution. However, the President rejected the plea after a delay of more than seven years on February 4. Within five days of rejection of the mercy petition, the execution was carried out in the morning of February 9 in a hurried manner and shrouded in secrecy.

Citing various judgments of the SC, the petitioner contended that if there was an inordinate delay in the execution of the death sentence because of the pendency of the mercy petition before the President, the condemned prisoner was entitled to approach the High Court or the Supreme Court seeking commutation of the sentence. Every convict awaiting the gallows had a fundamental right to approach the court after the rejection of his/her mercy petition. The rejection order was subject to judicial review. It was an integral part of Article 21 of the Constitution. If rejection of the mercy petition was kept in the dark and not disclosed to the public, neither the convict, his family members, nor the advocates would be in a position to provide legal assistance to him.

Now that Afzal Guru was no more, let the Union Home Ministry act in accordance with law, at least in the future. About 20 mercy petitions preferred by various convicts under Article 72 of the Constitution were pending before the President. 

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