Decide Mercy Petitions Against Death Sentence At The Earliest So That Convicts Won't Take Advantage Of Delay : Supreme Court To All Authorities

The Supreme Court directed all State Governments to ensure that mercy petitions in death penalty cases are decided and disposed of at the earliest. The bench comprising Justice MR Shah passed the direction in a plea by State of Maharashtra challenging a judgment of the Bombay High Court in which the High Court commuted the death sentences imposed on the accused to life imprisonment.

In the matter, the High Court commuted the death sentence to life imprisonment on the ground that there was an inordinate unexplained delay on the part of the State/Governor of the State in not deciding the mercy petition(s) preferred by the accused which were kept pending for about 7 years and 10 months. The Supreme Court noted that there were many judgements through which death penalty was commuted to life imprisonment on the ground of delay in disposal of the mercy petition(s). The Court remarked–

"It is true that the gravity of the offence can be a relevant consideration while commuting the death sentence to life imprisonment, however, inordinate delay in disposal of the mercy petitions can also be said to be a relevant consideration while commuting the death sentence to life imprisonment. If even after the final conclusion even upto this Court, even, thereafter there is an inordinate delay in not deciding the mercy petition, the object and purpose of the death sentence would be frustrated."

Therefore, the Court directed that all efforts shall be made by the State Government and/or the concerned authorities to see that the mercy petitions are decided and disposed of at the earliest, "so that even the accused can also know his fate and even justice is also done to the victim."

In view of the same, the Court found no reason to interfere with the impugned judgment of the High Court. 

However, at the same time, the Court noted that it was also important for the High Court to look into the seriousness and gravity of the offence committed by the convict. in the present matter, nine persons were killed. Thus, the Apex Court remarked that the High Court should have passed an order to commute the death sentence to life imprisonment for natural life without any remission. 

Accordingly, the Supreme Court modified the High Court's order and directed that the accused undergo life imprisonment for natural life without any remission.

It added–

"Before we part with the present order, we observe and direct all the States/appropriate authorities before whom the mercy petitions are to be filed and/or who are required to decide the mercy petitions against the death sentence, such mercy petitions are decided at the earliest so that the benefit of delay in not deciding the mercy petitions is not accrued to the accused and the accused are not benefited by such an inordinate delay and the accused may not take the disadvantage of such inordinate delay."

Further, the Registry was also directed to communicate the order to the Chief Secretaries of all the States and Union Territories.

Case Title: The State of Maharashtra & Ors. v. Renuka Shinde & Ors. | Special Leave Petition (Crl.) No.12674/2022

Citation : 2023 LiveLaw (SC) 305

Death Penalty - Supreme Court directs all the States/appropriate authorities to decide mercy petitions against death sentences at the earliest so that the benefit of delay is not accrued to the accused 

Death Penalty- Even if death penalty is to commuted in view of inordinate delay in deciding mercy petition, an order to commute the death sentence to life imprisonment for natural life without any remission ought to be passed.

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