Sir,
The hanging of Parliament attack convict Afzal Guru has once again drawn the attention of the people towards the concept of mercy petition in our constitution. The common question is why there is inordinate and unwarranted delay in the name of pending mercy petition. Shall the provision of mercy petition suspect the credibility of our judges or shall we lose faith in our judicial system. Some people suspect that the provision of mercy petition under article 72 with Rashtriyapati Bhavan is a political tool executed as per the conveyance of the Government. The Supreme Court of our country recently stayed the execution of four death convicts onthe ground of delay in deciding its mercy petition. The court said that delay on the part of the President gives them the right to approach the SC and HC to seek a commutation of the sentence of death.
The two things which definitely need to be taken into account is that the concept of mercy petition under Article 72 repealed from the constitution in case of rape or death cases. Secondly, in order to maintain the supremacy of our Judiciary and Parliament, the Government must by amendment introduce a new clause under Article 72 specifying some time limit and once the clemency petition is decided it becomes final and binding, not subject to any appeal before the Apex Court on ground of delay. The provision of mercy petition should not serve as a life saving drug for the life killers.
Yours etc….
Yuvraj Singh
Advocate
J&K High Court
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