PIL Filed In SC To Frame Guidelines For Deciding Mercy Petitions [Read Petition]

The petitioner opined that the undue delay in disposal of the mercy petitions gives rise to public unrest and creates doubts and suspicion in the mind of the public at large. He added, in quite a few cases the prolonged delay in disposal of the mercy petitions benefited the convicts to get their death sentences converted into imprisonment for life.

He further said, even though the convict may present a mercy petition to the President of India under Article 72 of the Constitution, no procedure has been established for the same.

Referring to a reply received under RTI Act, the petitioner stated that the Home Ministry itself had accepted that there is no prescribed procedure to deal with mercy petition.

The petitioner added, even though there are no statutory grounds/guidelines made for granting pardon, as per the statement of the Ministry, the broad guidelines generally considered while examining the mercy petition under Article 72 of the Constitution relate to personality of the accused such as age, sex or mental state of the accused, circumstances of the case, conduct of the offender, medical abnormality falling short of legal insanity and so on.

The petitioner remarked, a fair procedure is the natural demand of Article 21 and the absence of procedures, rules and guidelines itself indicates the possibility of arbitrary exercise of the power.

In conclusion, the PIL prayed for proper written procedures and guidelines for disposing of mercy petitions within a time bound manner since the undue delay results in disposal of the same.

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