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LATEST NEWS UPDATES | Court to go into delay on 18 mercy pleas, including Afzal's by J Venkatesan

Court to go into delay on 18 mercy pleas, including Afzal's by J Venkatesan

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published Published on Apr 4, 2012   modified Modified on Apr 4, 2012

The Supreme Court on Tuesday sought from the Centre the files on 18 mercy petitions, including that of the Parliament attack case convict Afzal Guru who is on death row, pending consideration before the President for periods ranging from one to seven years.

A Bench of Justices G. S. Singhvi and S. J. Mukhopadhaya called for the records from Additional Solicitor-General Harin Raval after amicus curiae Ram Jethmalani and senior counsel K.T. S. Tulsi, appearing for Devender Pal Singh Bhullar — one of the petitioners whose mercy plea was rejected — sought a direction to issue notice to the Centre to explain the delay in disposal of the petitions.

Justice Singhvi told counsel, “We will call for the records. If we are not satisfied with the reasons for the delay, then we may take suo motu cognisance and issue notice to the Centre to explain the delay.”

Justice Singhvi told Mr. Jethmalani that except some cases politically sensitive or otherwise, all petitions “are pending for one to seven years and no one is ready to speak for them. There is discrimination and even the media takes up the cause of only those who are rich and gives them publicity. Either due to illiteracy, ignorance or financial incapacity they are unable to come to court. Who will speak for them?”

Mr. Jethmalani said: “Legal aid board could be asked to take up their cases.”

Justice Singhvi wanted to know from the former Union Law Minister whether in a given case the President could act independently and objectively and apply his/her mind while deciding mercy petitions, treating the government's decision as only advisory in nature.

Mr. Jethmalani, while answering in the affirmative, said he would file his written submissions on this aspect on April 10.

Referring to Mr. Raval's contention that it was the prerogative of the President and act of grace in deciding the mercy petition, Mr. Jethmalani said: “Grant of pardon is not an act of grace. The power of pardon is given to the President to make up for the fatalities of human justice.” He said mercy petitions ought to be decided by the President in three months as per a Constitution Bench judgment.

Appearing for Bhullar, Mr. Tulsi said that between 1997 and 2011, the President had disposed of 32 mercy petitions, 13 of them after a 10-year wait. Fourteen cases were disposed of after a delay ranging between four and 10 years, while the remaining took between one and four years.

The Hindu, 4 April, 2012, http://www.thehindu.com/todays-paper/tp-national/article3278940.ece


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